GIFT   OF 
Sup 't. of  Locuments 


DEPARTMENT  OF  COMMERCE 

BUREAU  OF  NAVIGATION 


NAVIGATION  LAWS  OF  THE 
UNITED  STATES 


1919 


PRICE,  $1.00 

Sold  by  the  Superintendent  of  Documents,  Government  Printing  Office 
Washington,  D.  C. 

WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1920 


V 


.^ 


LETTER  OF  SUBMITTAL. 


Department  of  Commerce, 

Bureau  of  Navigation, 
Washington,  D.  C,  May  lo,  1919. 

Sir:  The  edition  of  the  Navigation  Laws  for  1919  has  been  prepared 
in  substantially  the  same  form  as  the  editions  of  1895,  1899,  1903, 
1907,  1911,  and  1915,  which  proved  to  be  convenient  for  the  use 
of  collectors  of  customs,  shipping  commissioners,  the  masters,  owners, 
and  agents  of  vessels,  seamen,  and  others  directly  interested  in  vessels, 
their  officers,  crews,  passengers,  and  cargo. 

As  in  the  six  former  editions,  the  effort  has  been  made  to  include 
in  this  volume  only  laws  actually  in  force.  Where  secticr  3  of  the 
Revised  Statutes  or  other  laws  have  been  specifically  repealed  or 
amended  by  subsequent  legislation  the  repealed  portions  of  the  law 
are  omitted,  and  the  present,  not  the  original,  reading  of  amended 
sections  is  adopted. 

The  effort  has  been  made  to  confine  the  law  included  in  this  volume 
to  the  navigation  law,  meaning  by  that  term  the  law  relating  to  ves- 
sels, with  which  owners,  masters,  and  agents  should  be  acquainted. 
The  line  between  this  law  and  the  customs  law  is  not  always  clearly 
defined.  The  laws  directly  relating  to  duties  on  imports  and  to 
invoices  are  not  included  in  this  volume,  while  those  relating  to  entry, 
clearance,  manifests,  and  transportation  by  water  have  been  com- 
prised within  its  limits. 

The  scheme  of  arrangement  will  appear  from  the  table  of  contents. 
The  law  has  been  divided  into  large  divisions  by  subjects,  called 
parts,  while  these  parts  have  been  subdivided  into  headed  paragraphs. 

For  further  convenience  of  reference  a  table  of  laws  is  published, 
giving  the  sections  of  the  Revised  Statutes  and  subsequent  laws 
which  have  been  included  in  this  compilation,  the  date  of  enactment 
and  amendment,  together  with  the  page  of  this  compilation  on  which 
they  may  be  found.  The  table  of  laws  may  be  found  at  the  end 
of  the  volume,  together  with  the  usual  alphabetical  index.  A 
marginal  reference  gives  the  number  of  the  section  of  the  Revised 
Statutes  included  in  each  paragraph,  or  the  date  and  section  of  the 
act,  if  enacted  subsequent  to  the  Revised  Statutes,  with  the  date  of 
amendatory  acts  which  have  been  incorporated,  if  practicable,  in  the 
paragraph.      Where  reference  is  made  in  a  paragraph  to  a  title  or 

3 

4'- 5104 


NAVIGATION    LAWS    OF   THE    UNITED    STATES. 


chapter  of  the  Revised  Statute  the  numbers  of  the  sections  comprised 
in  such  title  or  oiai'ti'.  Jl^ve  been  -printed  in  brackets.  Reference 
to  the  table  of  iaws,  at  the  end  of  the  volume,  will  show  which  of 
those  sections  have  been  included  in  this  volume  as  pertinent  or  in 
force,  and  will  also  show  the  page  where  they  may  be  found.  Fees, 
payable  by  the  masters  and  owners  of  vessels  of  the  United  States, 
were  in  most  instances  abolished  in  1886  and  1890,  and  accordingly 
the  statutes  imposing  such  fees  are  not  retained  in  this  compilation, 
though  they  furnish  a  basis  on  which  officers  are  compensated 
from  the  Treasury  for  services. 
Respectfully, 

Eugene  Tyler  Chamberlain, 

Commissioner. 
To  Hon.  William  C.  Redfield, 

Secretary  of  Commerce. 


CONTENTS. 


Part  L— Vessels. 

Page. 

1.  Definition  of  vessel 15 

2.  Vessels  of  the  United  States 15 

3.  Registered  vessels 15 

4.  Provisional  certificates  of  registry 16 

5.  Repeal  of  penalties , 17 

6.  Repaired  wrecks 17 

7.  Prohibitions 18 

8.  Whaling  vessels - 18 

9.  Enrolled  and  licensed  vessels 18 

10.  Licensed  vessels  under  20  tons 19 

11.  Undocumented  vessels 19 

12.  Yachts - 19 

13.  Official  number 21 

14.  Name  of  vessel , 21 

15.  Change  of  name 22 

16.  Draught 22 

16(a).  Authority  to  take  over  vessels  of  enemy  nations 22 

Part  II. — Measurement. 

17.  Measurement 25 

18.  Gross  tonnage 26 

19.  Deck  houses,  breaks,  etc 28 

20.  Hatchways 28 

21.  Between  decks 28 

22.  Open  vessels 29 

23.  Water  ballast 29 

24.  Net  tonnage 29 

25.  Crew  accommodations 29 

26.  Deductions  for  other  purposes 31 

27.  Deductions  for  propelling  power 32 

28.  Register  tonnage 33 

29.  Appendix  of  measurement 33 

30.  Vessels  exempt  from  measurement 34 

31.  Measurement  of  foreign  vessels 34 

32.  Exemption  from  measurement 34 

Part  III. — Documents  of  vessels. 

33.  Carpenter's  certificate 35 

34.  Oath  of  owner 35 

35.  Master's  oath  of  citizenship 36 

36.  Place  of  registry 36 

37.  Form  of  register 38 

38.  Custody  and  surrender  of  register 39 

39.  Registers  to  corporations 40 

40.  Change  of  owner  of  registered  vessel 41 

41.  Change  of  build 41 

42.  Change  of  master  of  registered  vessel 41 

43.  Mortgage  and  bill  of  sale 42 

44.  Sale  to  alien 43 

45.  Loss  of  register 43 

46.  Failure  to  deliver  former  register 44 

47.  Cancellation  of  register 44 

5 


G  CONTENTS. 

Page. 

48.  Change  of  trade 45 

49.  Method  of  enrollment  and  license 45 

50.  Oath  of  master  and  owner 45 

5 1 .  Fees 46 

52.  Form  of  enrollment 46 

53.  Form  of  license 47 

54.  Duration  of  license 48 

55.  Surrender  of  license 48 

56.  Enrollment  and  license  to  corporations 49 

57.  Change  of  owner  of  enrolled  vessel 49 

58.  Change  of  master  of  licensed  vessel 49 

59.  Certification  by  customs  officer 50 

60.  Enrollment  outside  of  district 50 

61.  Special  provisions  for  enrollment  and  license 50 

62.  Inspection  of  enrollment  and  license 51 

63.  Record  of  American-built  vessels  owned  by  aliens 51 

64.  Offenses  against  the  registry  law 53 

65.  Offenses  against  enrollment  and  license  laws 54 

Part  IV. — Officers  of  merchant  vessels. 

66.  Citizenship  of  officers 56 

67.  Duration  of  licenses 57 

68.  Service  during  war 58 

69.  Officer's  license ! 58 

70.  Master's  license 59 

71.  Mate's  license 59 

72.  Engineer's  license 59 

73.  Pilot's  license 60 

74.  Master  or  mate  acting  as  pilot 60 

75.  Oath  of  officer 60 

76.  Removal  of  master 61 

Part  V. — Merchant  seamen. 

77.  Definitions 63 

78.  Exemptions  from  militia  duty 63 

79.  Naturalization  and  citizenship  of  seamen '. 64 

80.  Shipping  officers 64 

81.  Illegal  shipments 65 

82.  Owners  or  masters  may  ship  seamen  in  certain  cases 66 

83.  Apprentices 66 

84.  Agreement  to  ship  in  foreign  trade 67 

85.  Period  of  engagement 68 

86.  Penalty  for  shipment  without  agreement 69 

87.  Shipment  in  foreign  ports  before  consuls 69 

88.  Crew  list 70 

89.  Failure  to  produce  crew 70 

90.  Papers  relating  to  crew 71 

9 1 .  Shipment  of  seamen  in  the  coasting  or  near-by  foreign  trade 72 

92.  Agreement  in  coasting  trade  not  before  commissioner 73 

93.  Agreement  with  fishermen 74 

94.  Discharge  in  foreign  trade 76 

95.  Discharge  in  foreign  ports 76 

96.  Wages 78 

97.  Vessels  exempt  from  libel  for  wages 82 

98.  Advances  and  allotments  of  wages 82 

99.  Wages  and  clothing  exempt  from  attachment 83 

100.  Desertion  of  seamen  abroad 84 

101.  Desertion  of  foreign  seamen  in  the  United  States 84 

102.  Repeal  of  treaties  and  conventions 85 

103.  Arbitration  before  shipping  commissioner 85 

104.  Soliciting  lodgers 36 

105.  Return  of  seamen  from  foreign  ports,  Alaska,  and  insular  ports 86 

106.  Effects  of  deceased  seamen 87 

107.  Offenses  and  punishments 90 


CONTENTS.  i 

Page. 

108.  ( Jorporal  punishment  prohibited 93 

109.  Procedure 93 

1 10.  Form  of  articles  of  agreement 94 

111.  Account  of  apprentices  on  board 95 

112.  (Scale  of  provisions  to  be  allowed  and  served  out  to  crew  during  the 

voyage 96 

113.  Certificate  of  discharge 97 

114.  Sick  and  disabled  seamen - 97 

115.  Jurisdiction  over  American  seamen  in  foreign  ports  and  foreign  seamen 

in  American  ports 98 

116.  Seamen's  witness  fees 100 

1 17.  Manning  of  merchant  vessels 101 

1 18.  Undermanning 103 

119.  Fellow-servant  clause 103 

119(at.  Merchant  seamen  at  Panama  Canal  Zone 103 

Part  VI. — Seaworthiness,  supplies,  log  book. 

120.  Unseaworthy  vessels 104 

121.  Inspection  of  hulls  and  equipment 104 

122.  Seagoing  barges 105 

123.  Inspection  of  seaworthiness  at  domestic  ports 106 

124.  Inspection  of  seaworthiness  at  foreign  ports 108 

125.  Provisions  and  water - 109 

126.  Weights  and  measures - HI 

127.  Medicines  and  antiscorbutics HI 

128.  Slop  chest HI 

129.  Warmth  and  clothing 112 

130.  Log  book H2 

Part  VII.     Liability  of  owners,  masters,  and  shippers. 

131.  Liability  of  owners,  masters,  and  snippers 114 

132.  Act  of  February  13,  1893  (Harter  Act  1 116 

133.  General  libel  bond - 117 

Part  VIII. — Inspection  of  steam  vessels. 

134.  General  provisions 119 

135.  Inspection  of  registered  foreign-buii  t  vessels 124 

136.  Manning  of  inspected  vessels 125 

137.  Inspection  of  hulls  and  equipment 126 

138.  Inspection  of  boilers 127 

139.  Loading  safety  valve 130 

140.  Water-tight  bulkheads 130 

141.  Lifeboats,  lines,  and  life  preservers . 131 

142.  Stairways  and  deck  room 151 

143.  Wire  tiller  ropes 151 

144.  Protection  against  fire 151 

145.  Inflammable  or  explosive  cargo 153 

146.  Carriage  of  passengers 158 

147.  Certificate  of  inspection 160 

148.  Exhibit  of  laws 161 

149.  Inspectors  and  officers  of  steam  vessels 162 

150.  Liability  for  damage 163 

151.  Enforcement  and  penalty 164 

Part  IX.— Passenger  act  of  1882. 

152.  Accommodations 165 

153.  Light  and  air 168 

1 54.  Provisions 169 

155.  Medical  attendance 169 

156.  Discipline  and  cleanlineas 170 

1 57.  Privacy  of  passengers 1 '  1 

158.  Explosives;  cattle 171 

159.  Boarding  vessel;  passenger  list 17- 


8  CONTENTS. 

Page. 

160.  Death  of  passenger 173 

161.  Inspection 173 

162.  Penalties I74 

Part  X. — General  pilot  laws. 

163.  General  pilot  laws 175 

Part  XI. — Tonnage  tax. 

164.  Rates  of  tax 177 

165.  Exemptions  from  tonnage  tax 177 

165(a).  Philippine  vessels 178 

166.  Discriminating  tonnage  taxes 178 

167.  Alien  tonnage  taxes  (in  exceptional  cases) 179 

168.  Light  money  (in  exceptional  cases) 180 

169.  Consular  tonnage  charges. - 180 

170.  Refund  of  tonnage  tax - 181 

Part  XII. — Discrimination  and  retaliation. 

171.  Discrimination  against  American  vessels 183 

172.  Discrimination  against  American  fishing  vessels 183 

173.  Discrimination  against  products  of  the  United  States 185 

174.  Discrimination  on  Canadian  canals 185 

175.  Vessels  of  nations  not  assimilated  by  treaty  to  American  vessels 186 

176.  Discriminating  duties 187 

176(a).  Retaliation  (revenue  act,  September  8,  1916) 187 

Part  XIII. — Entry  and  clearance. 

177.  Clearance 190 

178.  Master's  oath 190 

179.  Form  of  outward  manifest 191 

180.  Form  of  clearance 192 

181.  State  inspection  laws 192 

182.  Manifests  in  Alaskan  and  insular  trades 192 

183.  Bullion  and  coin 192 

184.  Live-oak  timber 193 

185.  Fees -----  193 

186.  Enrolled  and  licensed  vessels  in  foreign  trade 193 

187.  Oath  of  ownership  on  entry 194 

188.  Deposit  of  papers 195 

189.  War  documents;  passports;  sea  letters 196 

190.  Illegal  boarding  of  vessel 197 

Part  XIV. — Customs  laws  directly  relating  to  vessels. 

191.  Boarding  and  search  of  vessel 198 

192.  Seizure  of  vessels  or  merchandise 199 

193.  Exemption  from  forfeiture 202 

194»  Procedure  in  cases  of  fines,  penalties,  and  forfeitures 202 

195.  Moieties — Informers'  and  customs  officers'  awards 203 

196.  Procedure 205 

197.  Oaths  of  masters  and  owners 207 

Part  XV. — Entry  of  merchandise. 

198.  Definitions 208 

199.  Ports  of  entry 209 

200.  Vessels  bound  to  port  of  delivery 209 

201.  Report  and  declaration  of  master 209 

202.  Special  inward  manifest  for  Treasury  Department 210 

203.  Cargo  in  bulk 211 

204.  Bond  of  cargo  for  reexport 211 

205.  Inspection  of  merchandise  laden  for  export 212 

206.  Transfer  of  imported  merchandise  for  export 212 

207.  Delivery  of  cargo  in  various  districts 212 

208.  Vessels  exempt  from  entry 213 


CONTENTS.  y 

Page. 

209.  Vessels  exempt  from  certain  charges 211 

210.  Entry  of  wines  and  distilled  spirits 214 

211.  Sea  stores 214 

212.  Coal 215 

213.  Baggage  and  tools  of  trade 215 


214.  Cigars. 


216 


215.  Oaths 216 

216.  Inward  manifests j^< 

217.  Inspection  of  inward  manifests  by  boarding  officer 218 

218.  Entry  of  merchandise  at  special  ports 220 

219.  Clearance  at  special  ports 225 

220.  Entry  of  merchandise  for  different  port  of  destination 225 

221.  Comparison  of  cargo  and  manifest 226 

222.  Illegal  unlading 226 

223.  Special  permit  to  unlade  by  night  and  preliminary  entry 227 

224.  Unlading  by  day : 229 

225.  Supervision  of  unlading 230 

226.  Limit  of  time  for  unlading 232 

227.  Unlading  of  wines  and  spirits 233 

228.  Post  entry 233 

229.  Returns  of  unlading  of  cargo 234 

230.  Vessels  in  distress 234 

231.  Obstruction  by  ice 235 

232.  Unlawful  removal  of  bonded  merchandise , 236 

233.  Transportation  in  bond 236 

234.  Transportation  to  special  ports 237 

235.  Immediate  delivery 239 

236.  Immediate  transportation 239 

237.  Salvage  of  merchandise 243 

238.  Fraudulent  importation  of  merchandise 243 

239.  Bribery  and  solicitation  of  bribes 244 

240.  Express  packages 244 

241.  Liens  for  freight  or  general  average 246 

Part  XVI. — Tariff  provisions  directly  relating  to  vessels. 

242.  Coal 247 

243.  Shipbuilding  materials 247 

244.  Materials  for  repairs 247 

245.  Sunken  merchandise 248 

246.  Supplies 248 

247.  Sea  stores  and  equipments 249 

248.  Motor  boats,  racing  shells,  and  similar  craft 249 

Part  XVII. — Consuls'  services  to  vessels. 

249.  Consuls'  services  to  vessels 250 

250.  Naval  officer  acting  as  consul 251 

Part  XVIII. — Commerce  with  contiguous  countries. 

251.  Size  of  foreign-trade  vessels 252 

252.  Evasion  of  coasting  laws  on  the  lakes  and  frontiers 252 

253.  Inward  manifests 253 

254.  Customs  inspection 254 

255.  Customs  seals  on  frontier 254 

256.  Transfer  of  cargo 256 

257.  Sea  stores 256 

258.  Saloon  stores 257 

259.  Duties  on  repairs 257 

260.  Entry  from  one  district  to  another 258 

261.  Discharging  cargo  and  passengers 260 

262.  Steam  tugs 260 

263.  Forms  and  penalties 260 

264.  Touching  at  foreign  ports. 260 

265.  Foreign  merchandise  coastwise 261 

266.  Special  provisions  for  British  North  America 261 


10  CONTENTS. 

Part  XIX. — Domestic  commerce. 

Page. 

267.  Great,  districts 262 

268.  Departure  within  a  great  district 262 

269.  Arrival  within  a  great  district 263 

270.  ( toasting  t  rade  via  Isthmus  of  Panama 264 

271.  Departure  tor  another  great  district 264 

272.  Arrival  from  another  great  district 265 

273.  Exemption  on  the  Mississippi  and  tributaries 266 

274.  Vessels  with  domestic  cargo 266 

275.  Registered  vessels  in  the  coasting  trade 268 

276.  Report  by  master 268 

277.  Foreign  vessels  barred  from  coasting  trade 268 

277(a).  Suspension  of  coastwise  laws 268 

278.  Immediate  exportation  to  foreign  port 269 

279.  Foreign  vessels  on  coasting  voyages 269 

280.  Foreign  tugboats 270 

281.  Penalties  for  violation  of  coasting  laws 270 

282.  Forfeiture  of  vessel  and  merchandise 271 

Part  XX. — Trade  with  Hawaii. 

283.  General  provisions 272 

284.  Registry  of  vessels  and  coasting  trade 272 

285.  Quarantine  and  public  health 272 

286.  Fisheries 273 

287.  Wharves;  harbor;  pilots 273 

288.  Seamen's  laws 274 

Part  XXI. — Trade  with  Porto  Rico. 

289.  General  provisions 275 

290.  Registry  of  vessels  and  coasting  trade 275 

291.  Quarantine  and  public  health 276 

292.  Harbors  and  navigable  waters 276 

293.  Wharves  and  piers 277 

Part  XXII. — Trade  with  the  Philippines. 

294.  Treaty  of  peace 278 

295 .  General  provisions 278 

296.  Vessels  and  coasting  trade 279 

297.  Tariff  and  internal  revenue 280 

298.  Aids  to  navigation  and  commerce 283 

Part  XXIII. — Trade  with  Alaska  and  Virgin  Islands. 

299.  Coasting  laws 284 

300.  Firearms  and  liquor 284 

301.  Special  licenses,  and  wharf  charges 284 

302.  Transfer  of  cargo 285 

303.  Yukon  and  Stikine  river  trade 285 

304.  Procedure 285 

305.  Pribilof,  St.  Paul,  St.  George,  Walrus,  and  Otter  Islands,  and  Sea  Lion 

Rock 285 

306.  Transit  in  bond 286 

307.  Crimes  and  penalties 286 

307(a).  Tariff  and  tax  provisions.  Virgin  Islands 287 

Part  XXIV. — Seal  hunting  and  Alaska  fisheries. 

308.  Convention  with  Great  Britain,  Japan,  and  Russia,  effective  December 

15,  1911 288 

309.  Act  of  August  24,  1912 290 

310.  Regulations  for  the  protection  of  fur-bearing  animals  in  Alaska,  dated 

May  24,  1915,  Department  of  Commerce 293 


CONTENTS.  1  1 

Page. 

311.  Provisions  of  Revised  Statutes 293 

312.  Report  to  Congress 294 

313.  Alaska  fisheries "%* 

314.  Alien  fishermen  in  Alaska -•'» 

Part  XXV.— 'Quarantine  and  bills  of  health. 

315.  Consular  bill  of  health 301 

316.  Quarantine  regulations 3UZ 

317.  Quarantine  inspection 304 

318.  Quarantine  anchorage - ^ 

319.  Suspension  of  commerce 305 

320.  Penalties 30b 

321.  State  health  laws 3Ub 

322.  Removal  of  cargo 3U7 

323.  Removal  of  customhouse •**> 

324.  National  quarantine 308 

Part  XXVI. — Immigration. 

325.  Head  tax **11 

326.  Definition  of  'seaman  " •. 311 

327.  Fraudulent  entry  of  immigrants  as  seamen 311 

328.  Diseased  immigrants 312 

329.  Illegal  landing ----- -  -  -  - ■  - •  -  -    -,-  -  -  313 

330.  Readmission  of  aliens  who  served  in  armies  ot  cobelhgerents of  the  United 


State; 


314 


331.  Anarchists 314 

332.  Foreign  officials 3j5 

333.  Miscellaneous 315 

334.  Immigration  to  Philippines 31b 

335.  Registry  and  naturalization  of  immigrants 31b 

(For  the  immigration  act  of  Feb.  5,  1917,  apply  to  the  Commissioner  General  of  Immigration,  Depart- 
ment of  Labor,  Washington,  D.  C.) 

Part  XXVII. — Ocean  mail  service. 

347.  Ocean  mail  act  of  1891 317 

348.  General  ocean  mail  service 320 

Part  XXVIII.— Wrecks. 

349.  Report  of  wrecks 324 

350.  Canadian  wrecks -  -  -  -  325 

351.  Wrecks  in  foreign  waters 325 

352.  Wrecks  in  Florida  waters 32b 

Part  XXIX. — Coast  Guard  cutters. 

353.  Coast  Guard  cutters 327 

Part  XXX. — Remission  of  fines  and  penalties. 

354.  Remission  of  fines  and  penalties 329 

Part  XXXI. — Cattle,  live  stock,  and  dairy  trade. 

355.  Regulation  of  cattle  ships 331 

356.  Inspection  of  live  stock  and  meat  products 331 

357.  Horses  and  horse  meat 333 

358.  Diseased  cattle 334 

359.  Quarantine  of  live  stock j*£* 

360.  Exportation  of  diseased  live  stock -  -  335 

361.  Care  of  cattle  in  domestic  trade - 33/ 

362.  Neat  cattle 339 

363.  Inspection  of  butter  and  dairy  products 34U 

Part  XXXII. — Adulterated  products. 

364.  General  provision 342 

365.  Adulterated  food  products 34J 


12  CONTENTS. 

Part  XXXIII. — OpruM  trade. 

Page. 

366.  Opium  trade 346 

Part  XXXIV. — Rules  to  prevent  collisions. 

367.  Duty  to  stay  by .' 350 

368.  Motor-boat  law 350 

368(a).  Numbering  motor  boats 353 

368(b).  Taxes  on  water  transportation ;  sale  and  use  of  motor  boats 354 

369.  International  rules  of  1897 355 

370.  Consideration  of  future  rules 369 

371.  Inland  rules  of  1897 369 

372.  Limits  of  application  of  international  and  inland  or  local  rules 380 

373.  Rules  for  the  Great  Lakes  and  the  St.  Lawrence  River  as  far  east  as 

Montreal 384 

374.  Rules  for  the  Red  River  of  the  North,  and  rivers  emptying  into  Gulf  of 

Mexico,  and  their  tributaries 390 

375.  River  navigation 395 

376.  Rules  for  the  St.  Marys  River 396 

377.  Regattas  and  marine  parades 396 

Part  XXXV. — Aids  to  navigation. 

378.  Assistance  by  United  States  vessels 398 

379.  Removal  of  derelicts 398 

380.  Lights  and  buoys 399 

381.  Nautical  Almanac 399 

382.  Charts  and  manuals 399 

383.  Storm  and  weather  signals 400 

384.  Private  signals 400 

385.  Interference  with  range  lights 401 

386.  Exemption  from  tolls 401 

387.  A  nchorage  grounds 402 

Part  XXXVI. — Obstructions  to  navigation. 

388.  Improvements  by  private  or  municipal  corporations 403 

389.  Bridges,  dams,  and  dikes 403 

390.  General  obstructions 409 

391.  Harbor  lines 409 

392.  Penalties 410 

393.  Dumping  into  navigable  waters 410 

394.  Impairing  public  works 412 

395.  Obstructing  channels 412 

396.  Log  regulations 413 

397.  Penalties 414 

398.  Bridge  spans 415 

399.  Bridge  piers  and  abutments 416 

400.  Drawbridges 416 

401.  Sunken  wrecks 417 

402.  Speed  of  vessels;  navigation  of  canals 419 

403.  Potomac  River .- 420 

404.  Mississippi  River  passes 420 

Part  XXXVII. — New  York  Harbor. 

405.  New  York  Harbor 421 

Part  XXXVIII. — Radio  communication. 

406.  Wireless  ship  act : 426 

407.  Enforcement  of  wireless-communication  laws,  treaties,  and  conventions.  427 

408.  Regulation  of  radio  communication 427 

Part  XXXIX. — Offenses  against  neutrality. 

409.  Offenses  against  neutrality 436 

409(a).  Enforcement  of  neutrality 439 


CONTENTS.  13 

Part  XL. — Guano  islands. 

Page. 

410.  Guano  Islands 442 

Part  XLL— Miscellaneous. 

411.  Life-saving  medals 445 

412.  Rescuing  shipwrecked  American  seamen 446 

413.  School  ships 446 

414.  Instruction  at  military  schools 447 

415.  Instruction  in  shipbuilding 448 

416.  Naval  Militia 448 

417.  North  Atlantic  fisheries 450 

418.  Supplies  for  foreign  war  vessels 450 

419.  Navy  ration 451 

420.  Export  of  arms  to  American  countries 452 

421.  Mines,  torpedoes,  and  harbor  defenses 452 

422.  Sale  of  arms  and  liquors  to  Pacific  islanders 452 

423.  Panama  Canal 453 

424.  Great  Lakes-Atlantic  Canal 463 

425.  Great  Lakes'  levels 463 

426.  Employment  of  vessels  of  the  United  States  for  public  purposes 464 

427.  Exemption  of  private  property  at  sea 465 

428.  Hospital  ships 465 

429.  Sponge  fishing 465 

430.  Liens  on  vessels -  466 

431.  Enforcement  of  navigation  laws 467 

432.  Licensing  of  customhouse  brokers 467 

433.  Assistance  and  salvage  at  sea 468 

433  (a).  Vessels  in  ports  of  the  United  States  in  time  of  war 469 

433  (b).  Injuring  vessels  engaged  in  foreign  commerce 470 

433  (c).  Interference  with  foreign  commerce  by  violent  means 471 

433  (d).  Seizure  of  arms  and  other  articles  intended  for  export 471 

433  (e).  Certain  exports  in  time  of  war  unlawful 473 

433  (f ).  Stamp  taxes 474 

433  (g).  Trading  with  the  enemy 474 

433  (h).  Acquisition  of  vessels  by  United  States 476 

433  (i).  Priority  shipments 479 

433  ( j).  United  States  Railroad  Administration 480 

Part  XLII. — Legal  procedure. 

434.  Jurisdiction  of  district  courts 482 

435.  Seizure 482 

436.  Summary  trial 484 

Part  XLIII. — Crimes. 

437.  Place  of  trial 486 

438.  Murder 487 

439.  Manslaughter 487 

440.  Assault 487 

441.  Rape 488 

442.  Seduction 488 

443.  Death  from  negligence,  misconduct,  etc 488 

444.  Mayhem 488 

445.  Robbery 489 

446.  Arson 489 

447.  Larceny 489 

448.  Receiver  of  stolen  property 489 

449.  Miscellaneous  offenses 490 

450.  Forgery 490 

451.  Ill  treatment  of  crew 491 

452.  Mutiny 491 

453.  Abandonment  of  seamen 491 

454.  Barratry 492 

455.  Wrecking 492 

456.  Plundering  vessel 492 

457.  Crimes  on  the  Great  Lakes 493 


14  CONTENTS. 

Part  XLIV  —  Piracy. 

Page. 

458.  Piracy 494 

459.  ( "rimes  deemed  piracy 4y° 

Part  XLV. — Protection  of  submarine  cables. 

460.  Protection  of  submarine  cables 497 

Part  XLVL— Administrative  and  executive  offices. 

461.  Department  of  Commerce 500 

462.  Bureau  of  Navigation 504 

463.  Shipping  commissioners ^>06 

464.  Customs  officers 507 

465.  Steamboat-Inspection  Service 514 

466.  Public  Health  Service 521 

467.  Immigration  and  Naturalization  Bureau 523 

468.  ( 'oast  Guard 526 

469.  Life-Saving  Service 528 

470.  ('oast  Guard 532 

471.  Bureau  of  Lighthouses 532 

472.  Treasury  agents 53b 

473.  Alaska  seal  agents 537 

474.  ('oast  and  Geodetic  Survey 538 

475.  District  court  commissioners 53J 

476.  Unauthorized  services -* 540 

476(a).  Waterways  Commission 541 

476(b).  Bureau  of  War  Risk  Insurance 54J 

Part  XLVII. — Fees  payable  by  private  persons. 

477.  Fees  on  vessels  payable  by  private  persons 549 

Part  XLVIII. — Customs  districts,  ports,  and  subports. 

478.  Customs  districts  and  ports  of  entry 554 

479.  Power  to  designate  ports  and  subports 560 

Part  XLIX. — Consulates  of  the  United  States. 

480.  ( 'onsulates  of  the  United  States 562 

Appendix.— The  Shipping  Act  (as  amended)  and  the  Emergency  Ship- 
ping Act,  with  other  laws  relating  to  the  Shipping  Board  and  Emer- 
gency Fleet  Corporation 567 

Indexes. 

Index  to  the  shipping  act,  1916 593 

Tables  of  laws  included  in  this  volume: 

1.  Revised  Statutes  and  amendments 603 

2.  Acts  subsequent  to  Revised  Statutes 610 

Alphabetical  index 6i5 


NAVIGATION  LAWS  OF  THE  UNITED  STATES. 


Part  I.— VESSELS. 


1.  Definition  of  vessel.  10.  Licensed  vessels  under  20  tons. 


11.  Undocumented  vessels. 

12.  Yachts. 

13.  Official  number. 

14.  Name  of  vessel. 

15.  Change  of  name. 

16.  Draught. 
16  (a).  Authority  to  take  over  vessels  of 

enemy  nations. 


2.  Vessels  of  the  United  States. 

3.  Registered  vessels. 

4.  Provisional  certificates  of  registry. 

5.  Repeal  of  penalties. 

6.  Repaired  wrecks. 

7.  Prohibitions. 

8.  Whaling  vessels. 

9.  Enrolled  and  licensed  vessels. 

1.  Definition  of  vessel. 

The  word  "vessel "  includes  every  description  of  water-  K  s  • 3- 
craft  or  other  artificial  contrivance  used  or  capable  of 
being  used  as  a  means  of  transportation  on  water. 

2.  Vessels  of  the  United  States. 

Vessels  registered  pursuant  to  law  and  no  others,  R,s-4131- 
except  such  as  shall  be  duly  qualified  according  to  law 
for  carrying  on  the  coasting  or  fishing  trade,  shall  be 
deemed  vessels  of  the  United  States,  and  entitled  to  the 
benefits  and  privileges  appertaining  to  such  vessels:  but 
no  such  vessel  shall  enjoy  such  benefits  and  privileges 
longer  than  it  shall  continue  to  be  wholly  owned  by  a 
citizen  or  citizens  of  the  United  States  or  a  corporation 
created  under  the  laws  of  any  of  the  States  thereof,  and 
be  commanded  by  a  citizen  of  the  United  States.  And  Mav  2S-  m 
all  the  officers  of  vessels  of  the  United  States  who  shall 
have  charge  of  a  watch,  including  pilots,  shall  in  all  cases 
be  citizens  of  the  United  States.  [See  also  qualifications 
of  officers,  page  56.] 

3.  Registered  vessels. 

Vessels  built  within  the  United  States  and  belonging  2i|."'^« 
wholly  to  citizens  thereof;  and  vessels  which  may  be  cap-  sec"  5.  ' 
tured  in  war  by  citizens  of  the  United  States  and  lawfully 
condemned  as  prize,  or  which  may  be  adjudged  to  be 
forfeited  for  a  breach  of  the  kws  of  the  United  States; 
and  seagoing  vessels,  whether  steam  or  sail,  which  have 
been  certified  by  the  Steamboat-Inspection  Service  as 
safe  to  carry  dry  and  perishable  cargo,  wherever  built,  Aug  l8'  r 
which  are  to  engage  only  in  trade  with  foreign  countries  or 
with  the  Philippine  Islands  and  the  islands  of  Guam  and 
Tutuila,  being  wholly  owned  by  citizens  of  the  United 
States  or  corporations  organized  and  chartered  under 
the  laws  of  the  United  States  or  of  any  State  thereof, 
the  president  and  managing  directors  of  which  shall  be 


16  NAVIGATION    LAWS   OF    THE    UNITED    STATES. 

citizens  of  the  United  States,  and  no  others,  may  be  reg- 
istered as  directed  in  this  title.  Foreign-built  vessels 
registered  pursuant  to  this  Act  shall  not  engage  in  the 
coastwise  trade:  Provided,  That  a  foreign-built  yacht, 
pleasure  boat,  or  vessel  not  used  or  intended  to  be  used 
for  trade  admitted  to  American  registry  pursuant  to  this  . 
Oct.  3, 1913.  section  shall  be  exempt  from  the  collection  of  ad  valorem 
pills  lee  l-T"  duty  provided  in  section  thirty-seven  of  the  Act  approved 
August  fifth,  nineteen  hundred  and  nine,  entitled  "An 
Act  to  provide  revenue,  equalize  duties,  and  encourage 
the  industries  of  the  United  States,  and  for  other  pur- 
poses." *  *  *  Provided  further,  That  such  vessels 
so  admitted  under  the  provisions  of  this  section  may  con- 
tract with  the  Postmaster  General  under  the  Act  of 
March  third,  eighteen  hundred  and  ninety-one,  entitled 
"An  Act  to  provide  for  ocean  mail  service  between  the 
United  States  and  foreign  ports,  and  to  promote  com- 
merce," so  long  as  such  vessels  shall  in  all  respects  com- 
ply with  the  provisions  and  requirements  of  said  Act. 

4.  Provisional  certificates  of  registry. 

Mar.  4, 1915.  Consular  officers  of  the  United  States  and  such  other 
persons 1  as  may  from  time  to  time  be  designated  by  the 
President  for  the  purpose  are  hereby  authorized  to  issue 
provisional  certificates  of  registry  to  vessels  abroad  which 
have  been  purchased  by  citizens  of  the  United  States, 
including  corporations,  as  defined  in  section  forty-one 
hundred  and  thirty-two,  Revised  Statutes,  as  amended 
by  the  Panama  Canal  Act  and  the  Act  of  August 
eighteenth,  nineteen  hundred  and  fourteen. 

(a)  Such  a  provisional  certificate  shall  entitle  the  ves- 
sel to  the  privileges  of  a  vessel  of  the  United  States  in 
trade  with  foreign  countries  or  with  the  Philippine 
Islands  and  the  islands  of  Guam  and  Tutuila  until  the 
expiration  of  six  months  from  its  date  or  until  ten  days 
after  the  vessels  arrival  at  a  port  of  the  United  States, 
whichever  first  happens,  and  no  longer.  On  arrival  at  a 
port  of  the  United  States  the  vessel  shall  become  subject 
to  the  laws  relating  to  officers,  inspection,  and  measure- 
ment, as  amended  by  the  Act  of  August  eighteenth,  nine- 
teen hundred  and  fourteen. 

(b)  The  Secretary  of  Commerce  shall  prescribe  the 
conditions  in  accordance  with  which  such  provisional 
certificates  shall  be  issued  and  the  manner  in  which  they 
shall  be  surrendered  in  exchange  for  certificates  of  regis- 
try at  ports  of  the  United  States. 

(c)  The  form  of  such  provisional  certificate  shall  be 
prescribed  by  the  Commissioner  of  Navigation  and  shall 
include  the  name  of  the  ship  and  of  the  master,  time  and 
place  of  purchase  and  names  of  purchasers,  and  the  best 

*  The  collector  of  customs  of  the  Philippine  Islands,  the  captains  of  the  ports  of  Cristobal 
and  Balboa,  Canal  Zone,  and  the  governor  of  Guam  were  designated  by  Executive  Order  oi 
April  7,  1915. 


PART   I. VESSELS.  17 

particulars  respecting  her  tonnage,  build,  description,  and 
inspection  or  survey  which  the  consular  officer  is  able  to 
obtain. 

(d)  Copies  of  such  provisional  certificates  shall  be 
forwarded  as  soon  as  practicable  by  the  issuing  officer  to 
the  Commissioner  of  Navigation. 

5.  Repeal  of  penalties. 

So  much  of  sections  forty-two  hundred  and  nineteen  Mar- 4- 1915- 
and  fort}r-two  hundred  and  twenty-five  of  the  Revised 
Statutes  as  imposes  tonnage  duties  of  50  cents  per  ton 
and  light  money  of  50  cents  per  ton  on  a  vessel  owned  by 
citizens  of  the  United  States  but  not  a  vessel  of  the 
United  States ;  so  much  of  section  four  J,  subsection  one, 
of  the  Act  of  October  third,  nineteen  hundred  and  thir- 
teen, entitled  "An  Act  to  reduce  tariff  duties  and  to  pro- 
vide revenue  for  the  Government,  and  for  other  pur- 
poses," as  imposes  a  discriminating  duty  of  ten  per 
centum  ad  valorem  on  all  goods,  wares,  or  merchandise 
imported  in  a  vessel  owned  by  citizens  of  the  United 
States  but  not  a  vessel  of  the  United  States ;  and  so  much 
of  section  four  J,  subsection  two,  of  the  Act  aforesaid  as 
provides  for  the  forfeiture  of  any  vessel  owned  by  citi- 
zens of  the  United  States  but  not  a  vessel  of  the  United 
States,  together  with  her  cargo,  tackle,  apparel,  and  fur- 
niture, are  hereby  repealed.  Any  such  tonnage  duties, 
light  money,  or  discriminating  duties  collected  since  the 
passage  of  the  Act  of  August  eighteenth,  nineteen  hun- 
dred and  fourteen,  shall  be  refunded,  and  any  such  for- 
feitures incurred  are  hereby  remitted:  Provided,  how- 
ever, That  the  provisions  of  this  Act  shall  apply  only  in 
case  that  any  vessel  of  the  character  above  described  after 
entering  an  American  port  shall,  before  leaving  the  same, 
be  registered  as  a  vessel  of  the  United  States. 

6.  Repaired  wrecks. 

The  Secretary  of  Commerce  may  issue  a  register  or  ^-^^k 
enrollment  for  any  vessel  wrecked  on  the  coasts  of  the 
United  States  or  her  possessions  or  adjacent  waters,  when 
purchased  by  a  citizen  or  citizens  of  the  United  States 
and  thereupon  repaired  in  a  shipyard  in  the  United 
States  or  her  possessions,  if  it  shall  be  proved  to  the 
satisfaction  of  the  Secretary  of  Commerce,  if  he  deems 
it  necessary,  through  a  board  of  three  appraisers  ap- 
pointed by  him,  that  the  said  repairs  put  upon  such 
vessels  are  equal  to  three  times  the  appraised  salved 
value  of  the  vessel :  Provided,  That  the  expense  of  the 
appraisal  herein  provided  for  shall  be  borne  by  the  owner 
of  the  vessel :  Pro  vided  further,  That  if  any  of  the  ma- 
terial matters  of  fact  sworn  to  or  represented  by  the 
owner,  or  at  his  instance,  to  obtain  the  register  of  any 
vessel  are  not  true,  there  shall  be  a  forfeiture  to  the 
United  States  of  the  vessel  in  respect  to  which  the  oath 
shall  have  been  made,  together  with  tackle,  apparel,  and 
furniture  thereof." 

143562°— 19 2 


18 


NAVIGATION    LAWS   OF   THE   UNITED   STATES. 


7.  Prohibitions. 

r.  s.,  4135.  No  vessel  which  has  been  recorded  or  registered  as  an 

American  vessel  of  the  United  States,  pursuant  to  law, 
and  which  was  licensed  or  otherwise  authorized  to  sail 
under  a  foreign  flag,  and  to  have  the  protection  of  any 
foreign  government  during  the  existence  of  the  rebellion, 
shall  be  deemed  or  registered  as  a  vessel  of  the  United 
States,  or  shall  have  the  rights  and  privileges  of  vessels 
of  the  United  States,  except  under  provisions  of  law  espe- 
cially authorizing  such  registry. 

8.  Whaling  vessels. 

a.  s.,  4339.  All  vessels  which  may  clear  with  registers  for  the  pur- 

pose of  engaging  in  the  whale  fishery  shall  be  deemed  to 
have  lawful  and  sufficient  papers  for  such  voyages,  secur- 
ing the  privileges  and  rights  of  registered  vessels,  and  the 
privileges  and  exemptions  of  vessels  enrolled  and  licensed 
for  the  fisheries. 

9.  Enrolled  and  licensed  vessels. 

r.  s.,  4311.  Vessels  of  twenty  tons  and  upward,  enrolled  in  pursu- 

ance of  this  Title  [K.  S.,  4311-4390],  and  having  a  license 
in  force,  or  vessels  of  less  than  twenty  tons,  which, 
although  not  enrolled,  have  a  license  in  force,  as  required 
by  this  Title,  and  no  others,  shall  be  deemed  vessels  of  the 
United  States  entitled  to  the  privileges  of  vessels  em- 
ployed in  the  coasting-trade  or  fisheries. 

r.  s.,  4316.  Any  steamboat  employed  or  intended  to  be  employed 

only  in  a  river  or  bay  of  the  United  States,  owned  wholly 
or  in  part  by  an  alien  resident  within  the  United  States, 
may  be  enrolled  and  licensed,  as  if  the  same  belonged  to  a 
citizen  of  the  United  States,  subject  to  all  the  provisions 
of  this  Title  TK.  S.,  4311-4390],  except  that,  in  such  case, 
no  oath  shall  be  required  that  the  boat  belongs  to  a  citizen 
of  the  United  States. 

r.  s.,  4317.  Such  resident  alien,  owner  of  any  steamboat,  upon 

application  for  enrollment  or  license,  shall  give  bond  to 
the  collector  of  the  district,  for  the  use  of  the  United 
States,  in  the  penalty  of  one  thousand  dollars,  with  suffi- 
cient surety,  conditioned  that  the  boat  shall  not  be  em- 
ployed in  other  waters  than  the  rivers  and  bays  of  the 
United  States. 

r.  s.,  4318.  Any  vessel  of  the  United  States,  navigating  the  waters 

on  the  northern,  northeastern,  and  northwestern  frontiers, 
otherwise  than  by  sea,  shall  be  enrolled  and  licensed  in 
such  form  as  other  vessels ;  such  enrollment  and  license 
shall  authorize  any  such  vessel  to  be  employed  either  in 
the  coasting  or  foreign  trade  on  such  frontiers,  and  no 
certificate  of  registry  shall  be  required  for  vessels  so  em- 
ployed. Such  vessel  shall  be,  in  every  other  respect,  liable 
to  the  regulations  and  penalties  relating  to  registered  and 
licensed  vessels. 


PART   I. VESSELS.  19 

10.  Licensed  vessels  under  20  tons. 

Before  any  "vessel,  of  the  burden  of  five  tons,  and  less  R-  s»433i. 
than  twenty  tons,  shall  be  licensed,  the  same  measurement 
shall  be  made  of  such  vessel,  and  the  same  provisions 
observed  relative  thereto,  as  are  to  be  observed  in  case  of 
measuring  vessels  to  be  registered  or  enrolled ;  but  in  all 
cases,  where  such  vessel  or  any  other  licensed  vessel  shall 
have  been  once  measured,  it  shall  not  be  necessary  to  meas- 
ure such  vessel  anew,  for  the  purpose  of  obtaining  another 
enrollment  or  license,  unless  such  vessel  shall  have  under- 
gone some  alteration  as  to  her  burden,  subsequent  to  the 
time  of  her  former  license. 

11.  Undocumented  vessels. 

The  act  [R.  S.,  4311-4385]  to  which  this  is  a  supplement  APr- 18> 18™ 
shall  not  be  so  construed  as  to  extend  the  provisions  of  the 
said  act  to  canal  boats  or  boats  employed  on  the  internal 
waters  or  canals  of  any  State ;  and  all  such  boats,  except- 
ing only  such  as  are  provided  with  sails  or  propelling 
machinery  of  their  own  adapted  to  lake  or  coastwise  navi- 
gation, and  excepting  such  as  are  employed  in  trade  with 
the  Canadas,  shall  be  exempt  from  the  provisions  of  the 
said  act,  and  from  the  payment  of  all  customs  and  other 
fees  under  any  act  of  Congress. 

The  provisions  of  title  fifty  [R.  S.,  4311-4390]  of  the  Jjjg  g>,  i|79. 
Revised  Statutes  of  the  United  States  shall  not  be  so  con- 
strued as  to  require  the  payment  of  any  fee  or  charge  for 
the  enrolling  or  licensing  of  vessels,  built  in  the  United 
States  and  owned  by  citizens  thereof,  not  propelled  by  sail 
or  by  internal  motive  power  of  their  own,  and  not  in  any 
case  carrying  passengers,  whether  navigating  the  internal 
waters  of  a  State  or  the  navigable  waters  of  the  United 
States,  and  not  engaged  in  trade  with  contiguous  foreign 
territory,  nor  shall  this  or  any  existing  law  be  construed 
to  require  the  enrolling,  registering  or  licensing  of  any  flat 
boat,  barge  or  like  craft  for  the  carriage  of  freight,  not 
propelled  by  sail' or  by  internal  motive  power  of  its  own, 
on  the  rivers  or  lakes  of  the  United  States. 

Nothing  in  this  Title  [R.  S.,  4311-4390]  shall  be  con-  RS.,4385. 
strued  to  extend  to  any  boat  or  lighter  not  being  masted, 
or  if  masted  and  not  decked,  employed  in  the  harbor  of 
any  town  or  city. 

12.  Yachts. 

The  Secretary  of  Commerce  may  cause  yachts  used  Seb'i421i49os 
and  employed  exclusively  as  pleasure  vessels  or  designed  sec'io.' 
as  models  of  naval  architecture,  if  built  and  owned  in  jS'iViios 
compliance  with  the  provisions  of  section  forty-one  hun-  fee*  4. ' 
dred  and  thirty-three  to  forty-one  hundred  and  thirty-      g"    ' 
five,  to  be  licensed  on  terms  which  will  authorize  them  to 
proceed  from  port  to  port  of  the  United  States,  and 
to  foreign  ports,  without  entering  or  clearing  at  the 
custom-house,  such  license  shall  be  in  such  form  as  the 
Secretary  of  Commerce  may  prescribe.     Such  vessels, 
so  enrolled  and  licensed,  shall  not  be  allowed  to  trans- 


Sec.  4 

Sec.  5 


20  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

port  merchandise  or  carry  passengers  for  pay.  Such 
vessels  shall  have  their  name  and  port  placed  on  some 
conspicuous  portion  of  their  hulls.  Such  vessels  shall,  in 
all  respects,  except  as  above,  be  subject  to  the  laws  of  the 
Uaited  States,  and  shall  be  liable  to  seizure  and  forfeiture 
for  any  violation  of  the  provisions  of  this  title  [R.  S., 
4131-4*305]. 

r.  s.,  4214.  No  licensed  yacht  shall  engage  in  any  trade,  nor  in  any 

jL"4Yi895.  way  violate  the  revenue  laws  of  the  United  States;  and 
every  such  yacht  shall  comply  with  the  laws  in  all  re- 
spects. Any  master  or  owner  violating  the  provisions  of 
the  preceding  section  [section  4]  shall  be  liable  to  the 
penalty  of  two  hundred  dollars,  in  addition  to  any  other 

sec'io4,  li,°3'  penalty  imposed  bv  law.  The  Secretary  of  Commerce 
shall  have  power  to  remit  or  mitigate  any  such  penalty 
if  in  his  opinion  it  was  incurred  without  negligence  or 
intention  of  fraud. 

u.  s.,42i7.  For  the  identification  of  yachts  and  their  owners,  a 

commission  to  sail  for  pleasure  in  any  designated  yacht 
belonging  to  any  regularly  organized  and  incorporated 
yacht  club,  stating  the  exemptions  and  privileges  enjoyed 

Feb.  14,  1903.  under  it,  may  be  issued  bv  the  Secretary  of  Commerce, 

Sec- 10-  and  shall  be  a  token  of  credit  to  any  United  States  official, 

and  to  the  authorities  of  any  foreign  power,  for  privileges 
enjoyed  under  it. 

it.  s.,  4215.  All  such  licensed  yachts  shall  use  a  signal  of  the  form, 

size,  and  colors  prescribed  by  the  Secretary  of  the  Navy ; 
and  the  owners  thereof  shall  at  all  times  permit  the  naval 
architects  in  the  employ  of  the  United  States  to  examine 
and  copy  the  models  of  such  yachts. 

May  28,  1908.  Whenever  it  shall  be  made  to  appear  to  the  satisfaction 
of  the  President  of  the  United  States  that  yachts  belong- 
ing to  any  regularly  organized  yacht  club  of  the  United 
States  are  allowed  to  arrive  at  and  depart  from  any  foreign 
port  and  to  cruise  in  the  waters  of  such  port  without 
entering  or  clearing  at  the  custom-house  thereof  and  with- 
out the  payment  of  any  charges  for  entering  or  clearing, 
dues,  duty*  per  ton,  tonnage  taxes  or  charges  for  cruising 
licenses,  the  Secretary  of  Commerce  may  authorize  and 
direct  the  customs  authorities  at  the  various  ports  and 
subports  of  entry  of  the  United  States  to  allow  yachts 
from  such  foreign  port  belonging  to  any  regularly  organ- 
ized yacht  club  thereof  to  arrive  at  and  depart  from 
any  port  or  subport  of  the  United  States  and  to  cruise  in 
waters  of  the  United  States  without  the  payment  of  any 
charges  for  entering  or  clearing,  dues,  duty  per  ton,  or 
tonnage  taxes,  but  the  Secretary  of  Commerce  may.  in 
his  discretion,  direct  that  such  foreign  yachts  shall  be 
required  to  obtain  licenses  to  cruise,  in  a  form  prescribed 
by  him,  before  they  shall  be  allowed  under  the  provisions 
of  this  Act  to  cruise  in  waters  of  the  United  States.  Such 
licenses  shall  be  issued  without  cost  to  such  vachts  and 


Set'.  5. 


PART   I. VESSELS.  21 


shall  prescribe  such   limitations   as  to   length   of  time, 

direction,  and  place  of  cruising  and  action,  and  such 

other   particulars  as  the   Secretary   of   Commerce   may 

deem  proper:  Provided  That  the  privileges  of  this  sec-  May  28,  isos. 

tion  shall  not  extend  to  any  yacht  built  outside  of  the 

United  States  and  owned,  chartered,  or  used  by  a  citizen 

of  the  United  States  unless  such  ownership  or  charter 

was  acquired  prior  to  February  fifth,  eighteen  hundred 

and  ninety-seven.    {See  also  Tonnage  tax,  paragraph  164, 

page  171.] 

Every  yacht,  except  those  of  fifteen  gross  tons  or  under,  J^f-'^1^ 
visiting  a  foreign  country  under  the  provisions  of  sections 
forty-two  hundred  and  "fourteen,  forty-two  hundred  and 
fifteen,  and  fortv-two  hundred  and  seventeen  of  the  Re- 
vised Statutes  shall,  on  her  return  to  the  United  States, 
make  due  entry  at  the  customhouse  of  the  port  at  which, 
on  such  return,  she  shall  arrive:  Provided,  That  nothing 
in  this  act  shall  be  so  construed  as  to  exempt  the  master 
or  person  in  charge  of  a  yacht  or  vessel  arriving  from  a 
foreign  port  or  place  with  dutiable  articles  on  board  from 
reporting  to  the  customs  officer  of  the  United  States  at 
the  port  or  place  at  which  said  yacht  or  vessel  shall 
arrive,  and  deliver  in  to  said  officer  a  manifest  of  all  duti- 
able articles  brought  from  a  foreign  country  in  such 
yachts  or  vessels. 

13.  Official  number. 

The  Commissioner  of  Navigation  shall  have  power,  J^B^iiw. 
under  such  regulations  as  he  shall  prescribe,  to  establish 
and  provide  a  system  of  numbering  vessels  so  registered, 
enrolled,  and  licensed;  and  each  vessel  so  numbered  shall 
have  her  number  deeply  carved  or  otherwise  permanently 
marked  on  her  main  beam;  and  if  at  any  time  she  shall  |^eGin'  1886' 
cease  to  be  so  marked,  such  vessel  shall  be  liable  to  a  fine 
of  thirty  dollars  on  every  arrival  in  a  port  of  the  United 
States  if  she  have  not  her  proper  official  number  legally 
carved  or  permanently  marked. 

14.  Name  of  vessel. 

The  name  of  every  documented  vessel  of  the  United  fe£-»al7i«9i. 
States  shall  be  marked  upon  each  bow  and  upon  the  stern,  -Tan.  20,  isot. 
and  the  home  port  shall  also  be  marked  upon  the  stern. 
These  names  shall  be  painted  or  gilded,  or  consist  of  cut 
or  carved  or  cast  roman  letters  in  light  color,  on  a  dark 
ground,  or  in  a  dark  color  on  a  light  ground,  secured  in 
place,  and  to  be  distinctly  visible.  The  smallest  letters 
used  shall  not  be  less  in  size  than  four  inches.  If  any  such 
vessel  shall  be  found  without  these  names  being  so  marked 
the  owner  or  owners  shall  be  liable  to  a  penalty  of  ten  dol- 
lars for  each  name  omitted.  The  word  "  port,"  as  used  in  |™e2??'  1884 
section  forty-one  hundred  and  seventy-eight  shall  be  con- 
strued to  mean  either  the  port  where  the  vessel  is  regis- 
tered or  enrolled,  or  the  place  in  the  same  district  where 
the  vessel  was  built  or  where  one  or  more  of  the  owners 
reside. 


22  NAVIGATION    LAWS  OF   THE   UNITED   STATES. 

r.  s.,  4495.  Every  steam  vessel  of  the  United  States,  in  addition  to 

having  her  name  painted  on  her  stern,  shall  have  the  same 
conspicuously  placed  in  distinct,  plain  letters,  of  not  less 
than  six  inches  in  length  on  each  outer  side  of  the  pilot- 
house, if  it  has  such,  and  in  case  the  vessel  has  side  wlueels, 
also  on  the  outer  side  of  each  wheel-house;  and  if  any 
such  steamboat  be  found  without  having  her  name  placed 
as  required,  she  shall  be  subject  to  the  same  penalty  as 
provided  by  law  in  the  case  of  a  vessel  of  the  United 
States  found  without  having  her  name,  and  the  name  of 
the  port  to  which  she  belongs,  painted  on  her  stern. 

15.  Change  of  narrie. 

r.  s.,4170.  ^rQ  master  owner,  or  agent  of  any  vessel  of  the  United 

States  shall  in  any  way  change  the  name  of  such  vessel, 
or  by  any  device,  advertisement,  or  contrivance  deceive  or 
attempt  to  deceive  the  public,  or  any  officer  or  agent  of 
the  United  States,  or  of  any  State,  or  any  corporation  or 
agent  thereof,  or  any  person  or  persons,  as  to  the  true 
name  or  character  of  such  vessel,  on  pain  of  the  forfeiture 
of  such  vessel, 
sees  i'  °1884'  The  Commissioner  of  Navigation  shall,  under  the  direc- 
sec.5.'  tion  of  the  Secretary  of  Commerce,  be  empowered  to 

see.'  io.'  19°3'  change  the  names  of  vessels  of  the  United  States,  under 
such  restrictions  as  may  have  been  or  shall  be  prescribed 
by  act  of  Congress. 
Mar.  2, 1881.  The  Secretary  of  Commerce  be,  and  hereby  is,  author- 
FeK*i4,~i903.  ized  to  permit  the  owner  or  owners  of  any  vessel  duly 
see.  io.  enrolled  and   found  seaworthy  and  free  from  debt  to 

change  the  name  of  the  same,  when,  in  his  opinion,  there 
shall  be  sufficient  cause  for  so  doing.  The  Secretary  of 
Commerce  shall  establish  such  rules  and  regulations  and 
procure  such  evidence  as  to  the  age,  condition,  where 
built,  and  pecuniary  liability  of  the  vessel  as  he  may 
deem  necessary  to  prevent  injury  to  public  or  private 
interests;  and  when  permission  is  granted  by  the  Secre- 
tary, he  shall  cause  the  order  for  the  change  of  name  to 
be  published  at  least  in  four  issues  in  some  daily  or  weekly 
paper  at  the  place  of  register;  and  the  cost  of  procuring 
evidence  and  advertising  the  change  of  name  to  be  paid 
by  the  person  or  persons  desiring  such  change  of  name. 

16.  Draught. 

sec.'  221, 1891'  The  draught  of  every  registered  vessel  shall  be  marked 
upon  the  stem  and  stern  post,  in  English  feet  or  decime- 
ters, in  either  Arabic  or  Roman  numerals.  The  bottom 
of  each  numeral  shall  indicate  the  draught  to  that  line. 

16  (a).  Authority  to  take  over  vessels  of  enemy  nations. 
MaSy  12'.  fini'.  The  President  be,  and  he  is  hereby,  authorized  to 
'  take  over  to  the  United  States  the  immediate  posses- 
sion and  title  of  any  vessel  within  the  jurisdiction 
thereof,  including  the  Canal  Zone  and  all  territories  and 
insular   possessions   of   the    United    States   except   the 


Mar.  2 

See.  2. 


Jan.  20,  189 
Sec.  2. 


PART   I. VESSELS.  23 

American  Virgin  Islands,  which  at  the  time  of  coming 
into  such  jurisdiction  was  owned  in  whole  or  in  part 
by  any  corporation,  citizen,  or  subject  of  any  nation 
with  which  the  United  States  may  be  at  war  when  such 
vessel  shall  be  taken,  or  was  flying  the  flag  of  or  was  un- 
der register  of  any  such  nation  or  any  political  subdivi- 
sion or  municipality  thereof;  and,  through  the  United 
States  Shipping  Board,  or  any  department  or  agency  of 
the  Government,  to  operate,  lease,  charter,  and  equip  such 
vessel  in  any  service  of  the  United  States,  or  in  any  com- 
merce, foreign  or  coastwise. 

That  the  Secretary  of  the  Navy  be,  and  he  is  hereby,  Sec.  2. 
authorized  and  directed  to  appoint,  subject  to  the  ap- 
proval of  the  President,  a  board  of  survey,  whose  duty 
it  shall  be  to  ascertain  the  actual  value  of  the  vessel, 
its  equipment,  appurtenances,  and  all  property  contained 
therein,  at  the  time  of  its  taking,  and  to  make  a  written 
report  of  their  findings  to  the  Secretary  of  the  Navy, 
who  shall  preserve  such  report  with  the  records  of  his 
department.  These  findings  shall  be  considered  as  com- 
petent evidence  in  all  proceedings  on  any  claim  for  com- 
pensation. 


Part  IT.—MEASUREMENT. 


17.  Measurement. 

18.  Gross  tonnage. 

19.  Deck  houses,  breaks,  etc. 

20.  Hatfchways. 

21.  Between  decks. 

22.  Open  vessels. 

23.  Water  ballast. 

24.  Net  tonnage. 


25.  Crew  accommodations. 

26.  Deductions  for  other  purposes. 

27.  Deductions  for  propelling  power. 

28.  Register  tonnage. 

29.  Appendix  of  measurement. 

30.  Vessels  exempt  from  measurement. 

31.  Measurement  of  foreign  vessels. 

32.  Exemption  from  measurement. 


R.  S..  414! 


R.  S.t  4149. 


R.  S.,  4150. 


17.  Measurement. 

Before  any  vessel  shall  be  registered,  she  shall  be  meas- 
ured by  a  survevor,  if  there  be  one,  or  by  the  person  he 
shall  appoint,  atthe  port  or  place  where  the  vessel  may  be, 
and  if  there  be  none,  by  such  person  as  the  collector  of  the 
district  within  which  she  may  be  shall  appoint.  But  in 
all  cases  where  a  vessel  has  before  been  registered  as  a 
vessel  of  the  United  States,  it  shall  not  be  necessary  to 
measure  her  anew,  for  the  purpose  of  obtaining  another 
register ;  unless  such  vessel  has  undergone  some  alteration 
as  to  her  burden,  subsequent  to  the  time  of  her  former 
registrv.  . 

The  "officer  or  person  bv  whom  such  measurement  is 
made  shall,  for  the  information  of  and  as  a  voucher  to  the 
officer  bv  whom  the  registry  is  to  be  made,  grant  a  certifi- 
cate, specifying  the  build  of  the  vessel,  her  number  ot 
decks  and  masts,  her  length,  breadth,  depth,  the  number 
of  tons  she  measures,  and  such  other  particulars  as  are 
usually  descriptive  of  the  identity  of  a  vessel,  and  that 
her  name,  and  the  place  to  which  she  belongs,  are  painted 
on  her  stern  in  manner  required  by  this  Title  [K.  S., 
4131-4305] ;  which  certificate  shall  be  countersigned  by 
an  owner,  or  bv  the  master  of  such  vessel,  or  by  some  other 
person  who  shall  attend  her  admeasurement,  on  behalf  of 
her  owner  or  owners,  in  testimony  of  the  truth  ot  the 
particulars  therein  contained;  without  which  the  certifi- 
cate shall  not  be  valid. 

The  registry  of  every  vessel  shall  express  her  length  and 
breadth,  "together  with  her  depth  and  the  height  under 
the  third  or  spar  deck,  which  shall  be  ascertained  m  the 
following  manner:  The  tonnage  deck,  in  vessels  having 
three  or  more  decks  to  the  hull,  shall  be  the  second  deck 
from  below ;  in  all  other  cases  the  upper  deck  of  the  hull 
is  to  be  the  tonnage-deck.  The  length  from  the  fore  part 
of  the  outer  planking  on  the  side  of  the  stem  to  the  after 

25 


2(3  NAVIGATION   LAWS   OP    THE   UNITED   STATES. 

part  of  the  main  stern-post  of  screw-steamers,  and  to  the 
after  part  of  the  rudder-post  of  all  other  vessels  measured 
on  the  top  of  the  tonnage-deck,  shall  be  accounted  the 
vessel's  length.  The  breadth  of  the  broadest  part  on  the 
outside  of  the  vessel  shall  be  accounted  the  vessel's 
breadth  of  beam.  A  measure  from  the  under  side  of  the 
tonnage-deck  plank,  amidships,  to  the  ceiling  of  the  hold, 
(average  thickness,)  shall  be  accounted  the  depth  of 
hold.  If  the  vessel  has  a  third  deck,  then  the  height 
from  the  top  of  the  tonnage-deck  plank  to  the  under  side 
of  the  upper-deck  plank  shall  be  accounted  as  the  height 
under  the  spar-deck.  All  measurement  to  be  taken  in 
feet  and  fractions  of  feet ;  and  all  fractions  of  feet  shall 
be  expressed  in  decimals. 
r.  s.,  4i5i.  No  part  of  any  vessel  shall  be  required  by  the  pre- 

ceding section  to  be  measured  or  registered  for  tonnage 
that  is  used  for  cabins  or  state-rooms,  and  constructed 
entirely  above  the  first  deck,  which  is  not  a  deck  to  the 
hull. 

18.  Gross  tonnage. 
r.  s,  4153.  rpjie  register  tonnage  of  every  vessel  built  within  the 

United  States  or  owned  by  a  citizen  or  citizens  thereof 
shall  be  her  entire  internal  cubical  capacity  in  tons  of  one 
hundred  cubic  feet  each,  to  be  ascertained  as  follows: 
Measure  the  length  of  the  vessel  in  a  straight  line  along 
the  upper  side  of  the  tonnage-deck,  from  the  inside  of  the 
inner  plank,  average  thickness,  at  the  side  of  the  stem  to 
the  inside  of  the  plank  on  the  stern-timbers,  average 
thickness,  deducting  from  this  length  what  is  due  to  the 
rake  of  the  bow  in  the  thickness  of  the  deck,  and  what  is 
due  to  the  rake  of  the  stern-timber  in  the  thickness  of  the 
deck,  and  also  what  is  due  to  the  rake  of  the  stern-timber 
in  one-third  of  the  round  of  the  beam ;  divide  the  length 
so  taken  into  the  number  of  equal  parts  required  by  the 
following  table,  according  to  the  class  in  such  table  to 
which  the  vessel  belongs: 

Class  one.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  fifty  feet  or  under :  into 
six  equal  parts. 

Class  two.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  above  fifty  feet  and  not 
exceeding  one  hundred  feet :  into  eight  equal  parts. 

Class  three.  Vessels  of  which  the  tonnage  length  ac- 
cording to  the  above  measurement  is  above  one  hundred 
feet,  and  not  exceeding  one  hundred  and  fifty  feet :  into 
ten  equal  parts. 

Class  four.  Vessels  of  which  the  tonnage  length  ac- 
cording to  the  above  measurement  is  above  one  hundred 
and  fifty  feet,  and  not  exceeding  two  hundred  feet :  into 
twelve  equal  parts. 

.  Class  five.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  above  two  hundred  feet, 
and  not  exceeeding  two  hundred  and  fifty  feet :  into  four- 
teen equal  parts. 


PART  II. MEASUREMENT.  27 

Class  six.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  above  two  hundred  and 
fifty  feet:  into  sixteen  equal  parts. 

Then,  the  hold  being  sufficiently  cleared  to  admit  of  the 
required  depths  and  breadths  being  properly  taken,  find 
the  transverse  area  of  such  vessel  at  each  point  of  division 
of  the  length  as  follows: 

Measure  the  depth  at  each  point  of  division  from  a 
point  at  a  distance  of  one-third  of  the  round  of  the  beam 
below  such  deck;  or,  in  case  of  a  break,  below  a  line 
stretched  in  continuation  thereof,  to  the  upper  side  of 
the  floor-timber,  at  the  inside  of  the  limber-strake,  after 
deducting  the  average  thickness  of  the  ceiling,  which  is 
between  the  bilge-planks  and  limber-strake;  then,  if  the 
depth  at  the  midship  division  of  the  length  do  not  exceed 
sixteen  feet,  divide  each  depth  into  four  equal  parts ;  then 
measure  the  inside  horizontal  breadth,  at  each  of  the  three 
points  of  division,  and  also  at  the  upper  and  lower  points 
of  the  depth,  extending  each  measurement  to  the  average 
thickness,  of  that  part  of  the  ceiling  which  is  between  the 
points  of  measurement;  number  these  breadths  from 
above,  numbering  the  upper  breadth  one,  and  so  on  down 
to  the  lowest  breadth ;  multiply  the  second  and  fourth  by 
four,  and  the  third  by  two ;  add  these  products  together, 
and  to  the  sum  add  the  first  breadth  and  the  last,  or  fifth ; 
multiply  the  quantity  thus  obtained  by  one-third  of  the 
common  interval  between  the  breadths,  and  the  product 
shall  be  deemed  the  transverse  area;  but  if  the  midship 
depth  exceed  sixteen  feet,  divide  each  depth  into  six  equal 
parts,  instead  of  four,  and  measure  as  before  directed, 
the  horizontal  breadths  at  the  five  points  of  division,  and 
also  at  the  upper  and  lower  points  of  the  depth ;  number 
them  from  above  as  before ;  multiply  the  second,  fourth, 
and  sixth  by  four,  and  the  third  and  fifth  by  two;  add 
these  products  together,  and  to  the  sum  add  the  first 
breadth  and  the  last,  or  seventh ;  multiply  the  quantities 
thus  obtained  by  one-third  of  the  common  interval  be- 
tween the  breadths,  and  the  product  shall  be  deemed  the 
transverse  area. 

Having  thus  ascertained  the  transverse  area  at  each 
point  of  division  of  the  length  of  the  vessel,  as  required 
above,  proceed  to  ascertain  the  register  tonnage  of  the 
vessel  in  the  following  manner : 

Number  the  areas  successively  one,  two,  three,  and  so 
forth,  number  one  being  at  the  extreme  limit  of  the  length 
at  the  bow,  and  the  last  number  at  the  extreme  limit  of 
the  length  at  the  stern;  then,  whether  the  length  be  di- 
vided according  to  the  table  into  six  or  sixteen  parts,  as 
in  classes  one  and  six,  or  any  intermediate  number,  as  in 
classes  two,  three,  four,  and  five,  multiply  the  second,  and 
every  even-numbered  area  by  four,  and  the  third,  and 
every  odd-numbered  area,  except  the  first  and  last,  by 
two ;  add  these  products  together,  and  to  the  sum  add  the 


28  NAVIGATION   LAWS  OF   THE   UNITED   STATES. 

first  and  last  if  they  yield  anything ;  multiply  the  quanti- 
ties thus  obtained  by  one-third  of  the  common  interval  be- 
tween the  areas,  and  the  product  will  be  the  cubical  con- 
tents of  the  space  under  the  tonnage-deck;  divide  this 
product  by  one  hundred,  and  the  quotient,  being  the  ton- 
nage under  the  tonnage-deck,  shall  be  deemed  to  be  the 
register  tonnage  of  the  vessel  subject  to  the  additions 
hereinafter  mentioned. 
19.   Deck  houses,  breaks,  etc. 

Maf"241i895        ^  *^ere  De  a  break,  a  poop,  or  any  other  permanent 
Sec'i  (h).    '   closed-in  space  on  the  upper  deck,  available  for  cargo,  or 
stores,  or  for  the  berthing  or  accommodation  of  passen- 
gers or  crew,  the  tonnage  of  that  space  shall  be  ascer- 
tained as  follows  and  added  to  the  gross  tonnage : 

Measure  the  internal  mean  length  of  such  space  in  feet, 
and  divide  it  into  an  even  number  of  equal  parts  of  which 
the  distance  asunder  shall  be  most  nearly  equal  to  those 
into  which  the  length  of  the  tonnage-deck  has  been  di- 
vided; measure  at  the  middle  of  its  height  the  inside 
breadths;  namely,  one  at  each  end  and  at  each  of  the 
points  of  division,  numbering  them  successively  one,  two, 
three,  and  so  forth ;  then  to  the  sum  of  the  end  breadths 
add  four  times  the  sum  of  the  even-numbered  breadths 
and  twice  the  sum  of  the  odd-numbered  breadths,  except 
the  first  and  last,  and  multiply  the  whole  sum  by  one- 
third  of  the  common  interval  between  the  breadths;  the 
product  will  give  the  mean  horizontal  area  of  such  space; 
then  measure  the  mean  height  between  the  planks  of  the 
decks,  and  multiply  by  it  the  mean  horizontal  area;  di- 
vide the  product  by  one  hundred,  and  the  quotient  shall 
be  deemed  to  be  the  tonnage  of  such  space,  and  shall  be 
added  to  the  tonnage  under  the  tonnage-decks,  ascertained 
as  aforesaid :  Provided,  That  nothing  shall  be  added  to 
the  gross  tonnage  for  any  sheltered  space  above  the  upper 
deck  which  is  under  cover  and  open  to  the  weather ;  that 
is,  not  inclosed. 

20.  Hatchways. 

Feb.  e,  1909.  The  cubical  contents  of  the  hatchways  shall  be  obtained 
by  multiplying  the  length  and  breadth  together  and  the 
product  by  the  mean  depth  taken  from  the  top  of  beam 
to  the  under  side  of  the  hatch.  From  the  aggregate  ton- 
nage of  the  hatchways  there  shall  be  deducted  one-half 
of  one  per  cent  of  the  gross  tonnage  and  the  remainder 
only  shall  be  added  to  the  gross  tonnage  of  the  ship  exclu- 
sive of  the  tonnage  of  the  hatchways. 

21.  Between  decks. 

r.  s.,  4153.  if  a  vessel  has  a  third  deck,  or  spar  deck,  the  tonnage 

of  the  space  between  it  and  the  tonnage-deck  shall  be 
ascertained  as  follows: 

Measure  in  feet  the  inside  length  of  the  space,  at  the 
middle  of  its  height,  from  the  plank  at  the  side  of  the 
stem  to  the  plank  on  the  timbers  at  the  stern,  and  divide 


PART  II. MEASUREMENT.  2S 

the  length  into  the  same  number  of  equal  parts  into  which 
the  length  of  the  tonnage-deck  is  divided;  measure,  also 
at  the  middle  of  its  height,  the  inside  breadth  of  the  space 
at  each  of  the  points  of  division,  also  the  breadth  of  the 
stem  and  the  breadth  at  the  stern ;  number  them  succes- 
sively one,  two,  three,  and  so  forth,  commencing  at  the 
stem;  multiply  the  second,  and  all  other  even-numbered 
breadths,  by  four,  and  the  third,  and  all  the  other  odd- 
numbered  breadths,  except  the  first  and  last,  by  two;  to 
the  sum  of  these  products  add  the  first  and  last  breadths, 
multiply  the  whole  sum  by  one-third  of  the  common  in- 
terval between  the  breadths,  and  the  result  will  give,  in 
superficial  feet,  the  mean  horizontal  area  of  such  space; 
measure  the  mean  height  between  the  plank  of  the  two 
decks,  and  multiply  by  it  the  mean  horizontal  area,  and 
the  product  will  be  the  cubical  contents  of  the  space; 
divide  this  product  by  one  hundred,  and  the  quotient 
shall  be  deemed  to  be  the  tonnage  of  such  space,  and  shall 
be  added  to  the  other  tonnage  of  the  vessel  ascertained 
as  above  directed.  And  if  the  vessel  has  more  than  three 
decks,  the  tonnage  of  each  space  between  decks,  above  the 
tonnage-deck,  shall  be  severally  ascertained  in  the  manner 
above  described,  and  shall  be  added  to  the  tonnage  of  the 
vessel,  ascertained  as  above  directed. 

22.  Open  vessels. 

In  ascertaining  the  tonnage  of  open  vessels  the  upper  R-  s.,  4153. 
edge  of  the  upper  strake  is  to  form  the  boundary-line  of 
measurement,   and  the   depth   shall   be   taken   from   an 
athwartship  line,  extending  from  the  upper  edge  of  such 
strake  at  each  division  of  the  length. 

23.  Water  ballast. 

In  the  case  of  a  ship  constructed  with  a  double  bottom  Mar-  2-  1895- 
for  water  ballast,  if  the  space  between  the  inner  and  outer 
plating  thereof  is  certified  by  the  collector  to  be  not  avail- 
able for  the  carriage  of  cargo,  stores,  or  fuel,  then  the 
depth  of  the  vessel  shall  be  taken  to  be  the  upper  side  of 
the  inner  plating  of  the  double  bottom,  and  that  upper 
side  shall  for  the  purposes  of  measurement  be  deemed  to 
represent  the  floor  timber.  From  the  gross  tonnage  there 
shall  be  deducted  any  other  space  adapted  only  for  water  g^'26'  19°9 
ballast  certified  by  the  collector  not  to  be  available  for  the 
carriage  of  cargo,  stores,  supplies,  or  fuel. 

24.  Net  tonnage. 

From  the  gross  tonnage  of  every  vessel  of  the  United  Aug- 5' 1882- 
States  there  shall  be  deducted — 

25.  Crew  accommodations. 

(a)  The  tonnage  of  the  spaces  or  compartments  occu-  Mar.  2, 1895. 
pied  by  or  appropriated  to  the  use  of  the  crew  of  the 
vessel.    Every  place  appropriated  to  the  crew  of  the  vessel 
shall  have  a  space  of  not  less  than  seventy-two  cubic  feet 


30  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

and  not  less  than  twelve  superficial  feet,  measured  on  the 
deck  or  floor  of  that  place,  for  each  seaman  or  apprentice 
lodged  therein.  The  provisions  of  this  Act  requiring  a 
crew  space  of  seventy-two  cubic  feet  per  man  shall  apply 
only  to  vessels  the  construction  of  which  shall  be  begun 
after  June  thirtieth,  eighteen  hundred  and  ninety-five. 
Such  place  shall  be  securely  constructed,  properly  lighted, 
drained,  and  ventilated,  properly  protected  from  weather 
and  sea,  and  as  far  as  practicable  properly  shut  off  and 
protected  from  the  effluvium  of  cargo  or  bilge  water ;  and 
failure  to  comply  with  this  provision  shall  subject  the 
owner  to  a  penalty  of  five  hundred  dollars.  Every  place 
so  occupied  shall  be  kept  free  from  goods  or  stores  of  any 
kind  not  being  the  personal  property  of  the  crew  in  use 
during  the  voyage;  and  if  any  such  place  is  not  so  kept 
free  the  master  shall  forfeit  and  pay  to  each  seaman  or 
apprentice  lodged  in  that  place  the  sum  of  fifty  cents  a 
day  for  each  day  during  which  any  goods  or  stores  as 
aforesaid  are  kept  or  stored  in  the  place  after  complaint 
has  been  made  to  him  by  any  two  or  more  of  the  seamen 
so  lodged.  No  deduction  from  tonnage  as  aforesaid  shall 
be  made  unless  there  is  permanently  cut  in  a  beam  and 
over  the  doorway  of  every  such  place  the  number  of  men 
it  is  allowed  to  accommodate  with  these  words, 4'  certified 

to  accommodate seamen." 

Mar.  3,  1897.  On  all  merchant  vessels  of  the  United  States  the  con- 
MaCf.24, 1915.  struction  of  which  shall  be  begun  after  the  passage  of 
sec.  V  '  this  Act,  except  yachts,  pilot  boats,  or  vessels  of  less  than 
ginnin|° Nov. tone  hundred  tons  register,  every  place  appropriated  to 
1915.)  ^ie  crew  0f  the  vessel  shall  have  a  space  of  not  less  than 

one  hundred  and  twenty  cubic  feet  and  not  less  than  six- 
teen square  feet,  measured  on  the  floor  or  deck  of  that 
place,  for  each  seaman  or  apprentice  lodged  therein,  and 
each  seaman  shall  have  a  separate  berth  and  not  more 
than  one  berth  shall  be  placed  one  above  another;  such 
place  or  lodging  shall  be  securely  constructed,  properly 
lighted,  drained,  heated,  and  ventilated,  properly  pro- 
tected from  weather  and  sea,  and,  as  far  as  practicable, 
properly  shut  off  and  protected  from  the  effluvium  of 
cargo  or  bilge  water.  And  every  such  crew  space  shall  be 
kept  free  from  goods  or  stores  not  being  the  personal 
property  of  the  crew  occupying  said  place  in  use  during 
the  voyage. 

That  in  addition  to  the  space  allotment  for  lodgings 
hereinbefore  provided,  on  all  merchant  vessels  of  the 
United  States  which  in  the  ordinary  course  of  their  trade 
make  voyages  of  more  than  three  days'  duration  between 
ports,  and  which  carry  a  crew  of  twelve  or  more  seamen, 
there  shall  be  constructed  a  compartment,  suitably  sepa- 
rated from  other  spaces,  for  hospital  purposes,  and  such 
compartment  shall  have  at  least  one  bunk  for  every 
twelve  seamen,  constituting  her  crew,  provided  that  not 
more  than  six  bunks  shall  be  required  in  any  case. 

Every  steamboat  of  the  United  States  plying  upon 
the  Mississippi  River  or  its  tributaries  shall  furnish  an 


PART   II. MEASUREMENT.  31 

appropriate  place  for  the  crew,  which  shall  conform  to 
the  requirements  of  this  section,  so  far  as  they  are  appli- 
cable thereto,  by  providing  sleeping  room  in  the  engine 
room  of  such  steamboat,  properly  protected  from  the 
cold,  wind,  and  rain  by  means  of  suitable  awnings  or 
screens  on  either  side  of  the  guards  or  sides  and  forward, 
reaching  from  the  boiler  deck  to  the  lower  or  main  deck, 
under  the  direction  and  approval  of  the  Supervising  In- 
spector General  of  Steam  Vessels,  and  shall  be  properly 
heated. 

All  merchant  vessels  of  the  United  States,  the  con- 
struction of  which  shall  be  begun  after  the  passage  of 
this  act  having  more  than  ten  men  on  deck  must  have  at 
least  one  light,  clean,  and  properly  ventilated  washing 
place.  There  shall  be  provided  at  least  one  washing  out- 
fit for  every  two  men  of  the  watch.  The  washing  place 
shall  be  properly  heated.  A  separate  washing  place  shall 
be  provided  for  the  fireroom  and  engine-room  men,  if 
their  number  exceed  ten,  which  shall  be  large  enough  to 
accommodate  at  least  one-sixth  of  them  at  the  same  time, 
and  have  hot  and  cold  water  supply  and  a  sufficient  num- 
ber of  wash  basins,  sinks,  and  shower  baths. 

Any  failure  to  comply  with  this  section  shall  subject 
the  owner  or  owners  of  such  vessel  to  a  penalty  of  not 
less  than  $50  nor  more  than  $500 :  Provided,  That  fore- 
castles shall  be  fumigated  at  such  intervals  as  may  be 
provided  by  regulations  to  be  issued  by  the  Surgeon  Gen- 
eral of  the  Public  Health  Service,  with  the  approval  of 
the  Department  of  Commerce,  and  shall  have  at  least 
two  exits,  one  of  which  may  be  used  in  emergencies. 
26.  Deductions  for  other  purposes. 

(b)  Any  space  exclusively  for  the  use  of  the  master  cer-  Mar.  2.  is»5 
tified  by  the  collector  to  be  reasonable  in  extent  and  prop- 
erly constructed,  and  the  words  "Certified  for  the  accom- 
modation of  master"  to  be  permanently  cut  in  a  beam 

and  over  the  door  of  such  space. 

(c)  Any  space  used  exclusively  for  the  working  of  the 
helm,  the  capstan,  and  the  anchor  gear,  or  for  keeping  the 
charts,  signals,  and  other  instruments  of  navigation  and 
boatswain's  stores,  and  the  words  "Certified  for  steering 
gear,"  or  "Certified  for  boatswain's  stores,"  or  "Certified 
chart  house,"  as  the  case  may  be,  to  be  permanently  cut  in 
the  beam  and  over  the  doorway  of  each  of  such  spaces. 

(d)  The  space  occupied  by  the  donkey  engine  and 
boiler,  if  connected  with  the  main  pumps  of  the  ship. 

(e)  In  the  case  of  a  ship  propelled  wholly  by  sails  any 
space,  not  exceeding  two  and  one-half  per  centum  of  the 
gross  tonnage,  used  exclusively  for  storage  of  sails :  Pro- 
vided, That  spaces  deducted  shall  be  certified  by  the  col- 
lector to  be  reasonable  in  extent  and  properly  and  effi- 
ciently constructed  for  the  purposes  for  which  they  are 
intended,  and  the  words  "  Certified  for  storage  of  sails  " 
to  be  cut  on  the  beam  and  over  the  doorway  of  such  space. 


32  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

27.  Deductions  for  propelling  power. 

Mar.  2,  1805.  (f)  In  the  case  of  a  ship  propelled  by  steam  or  other 
power  requiring  engine  room,  a  deduction  for  the  space 
occupied  by  the  propelling  power  shall  be  made,  as 
follows : 

In  ships  propelled  by  paddle  wheels  in  which  the  ton- 
nage of  the  space  occupied  by  and  necessary  for  the 
pVoper  working  of  the  boilers  and  machinery  is  above 
twenty  per  centum  and  under  thirty  per  centum  of  the 
gross  tonnage,  the  deduction  shall  be  thirty-seven  per 
centum  of  the  gross  tonnage;  and  in  ships  propelled  by 
screws  in  which  the  tonnage  of  the  space  is  above  thirteen 
per  centum  and  under  twenty  per  centum  of  the  gross 
tonnage,  the  deduction  shall  be  thirty-two  per  centum  of 
the  gross  tonnage.  In  the  case  of  screw  steamers  the  con- 
tents of  the  trunk  shaft  shall  be  deemed  spaces  necessary 
for  the  proper  working  of  the  machinery. 

(g)  In  the  case  of  other  vessels  in  which  the  actual 
space  occupied  by  the  propelling  machinery  amounts  in 
the  case  of  paddle  vessels  to  twenty  per  centum  or  under 
and  in  the  case  of  screw  vessels  to  thirteen  per  centum  or 
under  of  the  gross  tonnage  of  the  ship,  the  deduction  shall 
consist  in  the  case  of  paddle  vessels  of  once  and  a  half  the 
tonnage  of  the  actual  machinery  space  and  in  the  case  of 
screw  vessels  of  once  and  three-fourths  the  tonnage  of  the 
actual  machinery  space.  But  if  the  actual  machinery 
space  is  so  large  as  to  amount  in  the  case  of  paddle  vessels 
to  thirty  per  centum  or  above,  and  in  the  case  of  screw  ves- 
sels to  twenty  per  centum  or  above  of  the  gross  tonnage 
of  the  ship,  the  deduction  shall  consist  of  thirty-seven  per 
centum  of  the  gross  tonnage  of  the  ship  in  the  case  of  a 
paddle  vessel  and  thirty-two  per  centum  of  the  gross  ton- 
nage in  the  case  of  a  screw  vessel ;  or  if  the  owner  prefers 
there  shall  be  deducted  from  the  gross  tonnage  of  the  ves- 
sel the  tonnage  of  the  space  or  spaces  actually  occupied  by 
or  required  to  be  inclosed  for  the  proper  working  of  the 
boilers  and  machinery,  including  the  trunk  shaft  or  alley 
in  screw  steamers,  with  the  addition  in  the  case  of  vessels 
propelled  with  paddle  wheels  of  fifty  per  centum,  and  in 
the  case  of  vessels  propelled  by  screws  of  seventy-five  per 
centum  of  the  tonnage  of  such  space. 

(i)  On  a  request  in  writing  to  the  Commissioner  of 
Navigation  by  the  owners  of  a  ship  the  tonnage  of  such 
portion  of  the  space  or  spaces  above  the  crown  of  the 
engine  room  and  above  the  upper  deck  as  is  framed  in  for 
the  machinery  or  for  the  admission  of  light  and  air  and 
not  required  to  be  added  to  gross  tonnage  shall,  for  the 
purpose  of  ascertaining  the  tonnage  of  the  space  occu- 
pied by  the  propelling  power,  be  added  to  the  tonnage  of 
the  engine  space;  but  it  shall  then  be  included  in  the 
gross  tonnage;  such  space  or  spaces  must  be  reasonable  in 
extent,  safe,  and  seaworthy,  and  can  not  be  used  for  any 
purpose  other  than  the  machinery  or  for  the  admission  of 
light  and  air  to  the  machinery  or  boilers  of  the  ship. 


PAET   II. MEASUREMENT.  33 

28.  Register  tonnage. 

And  the  proper  deduction  from  the  gross  tonnage  hav-  Aus-  5.  1882. 
ing  been  made,  the  remainder  shall  be  deemed  the  net  or 
register  tonnage  of  such  vessels. 

The  register  of  the  vessel  shall  express  the  number  of  R-  s.,  4153. 
decks,  the  tonnage  under  the  tonnage-deck,  that  of  the 
between-decks,  above  the  tonnage-deck;  also  that  of  the 
poop  or  other  inclosed  spaces  above  the  deck,  each  sepa- 
rately. 

The  register  or  other  official  certificate  of  the  tonnage  Aug.  5,  1S82. 
or  nationality  of  a  vessel  of  the  United  States,  in  addition 
to  what  is  now  required  by  law  to  be  expressed  therein, 
shall  state  separately  the  deductions  made  from  the  gross 
tonnage,  and  shall  also  state  the  net  or  register  tonnage 
of  the  vessel. 

But  the  outstanding  registers  or  enrollments  of  vessels 
of  the  United  States  shall  not  be  rendered  void  by  the 
addition  of  such  new  statement  of  her  tonnage,  unless 
voluntarily  surrendered;  but  the  same  may  be  added  to 
the  outstanding  document  or  by  an  appendix  thereto, 
with  a  certificate  of  a  collector  of  customs  that  the  origi- 
nal estimate  of  tonnage  is  amended. 

In  every  vessel  documented  as  a  vessel  of  the  United  R  s.,  4153. 
States  the  number  denoting  her  net  tonnage  shall  be  secfs*9,  1886' 
deeply  carved  or  otherwise  permanently  marked  on  her 
main  beam,  and  shall  be  so  continued;  and  if  the  number 
at  any  time  cease  to  be  continued  such  vessel  shall  be  sub- 
ject to  a  fine  of  thirty  dollars  on  every  arrival  in  a  port 
of  the  United  States  if  she  have  not  her  tonnage  number 
legally  carved  or  permanently  marked. 

Under  the  direction  of  the   Secretary  of  Commerce  Mar.  2,  1895. 
the  Commissioner  of  Navigation  shall  make  regulations  flb.ri,  1903. 
needful  to  give  effect  to  the  provisions  of  this  Act.    The  fuC/15"1882 
Secretary  of  Commerce  shall  establish  and  promulgate  secT3.' 
a  proper  scale  of  fees  to  be  paid  for  the  readmeasure- 
ment  of  the  spaces  to  be  deducted  from  the  gross  tonnage 
of  a  vessel. 

29.  Appendix  of  measurement. 

Upon  application  by  the  owner  or  master  of  an  Ameri-  Mar.  2,  1895. 
can  vessel  in  foreign  trade,  collectors  of  customs,  under 
regulations  to  be  approved  by  the  Secretary  of  Com-  Feb.  14, 1903. 
merce,  are  authorized  to  attach  to  the  register  of  such 
vessel  an  appendix  stating  separately,  for  use  in  foreign 
ports,  the  measurement  of  such  space  or  spaces  as  are 
permitted  to  be  deducted  from  gross  tonnage  by  the  rules 
of  other  nations  and  are  not  permitted  by  the  laws  of  the 
United  States. 

This  Act  shall  not  be  construed  to  require  the  remeas-  Mar.  2,  1895. 
urement  of  any  American  vessel  duly  measured  before  Sec-2- 
April  first,  eighteen  hundred  and  ninety-five;  but  upon 
application  by  the  owner  of  any  such  vessel  collectors  of 
customs  shall  cause  such  vessel,  or  the  spaces  to  be  de- 
ducted, to  be  measured,  according  to  the  provisions  of  this 
143562°— 19 3 


34  NAVIGATION    LAWS   OF    THE    UNITED    STATES. 

Act,  and  if  a  new  register  is  not  issued  the  statement  of 
such  remeasurement  shall  be  attached  by  an  appendix  to 
the  outstanding  register  or  enrollment  with  a  certificate  of 
the  collector  of  customs  that  the  original  estimate  of  ton- 
nage is  amended  pursuant  to  this  Act. 

30.  Vessels  exempt  from  measurement. 

r.  s.,4152.  The  provisions  foregoing  relating  to  the  measurement 

of  vessels  shall  not  be  deemed  to  apply  to  any  vessel  not 
required  by  law  to  be  registered,  or  enrolled,  or  licensed, 
unless  otherwise  specially  provided. 

31.  Measurement  of  foreign  vessels. 

au^'^iIm  Whenever  it  is  made  to  appear  to  the  Secretary  of 
se&V  "  Commerce  that  the  rules  concerning  the  measurement  for 
sic!  io!  19°3'  tonnage  of  vessels  of  the  United  States  have  been  sub- 
stantially adopted  by  the  government  of  any  foreign 
country,  he  may  direct  that  the  vessels  of  such  foreign 
country  be  deemed  to  be  of  the  tonnage  denoted  in  their 
certificates  of  register  or  other  national  papers,  and  there- 
upon it  shall  not  be  necessary  for  such  vessels  to  be 
remeasured  at  any  port  in  the  United  States ;  and  when  it 
shall  be  necessary  to  ascertain  the  tonnage  of  any  vessel 
not  a  vessel  of  the  United  States,  the  said  tonnage  shall  be 
ascertained  in  the  manner  provided  by  law  for  the  meas- 
urement of  vessels  of  the  United  States. 

32.  Exemption  from  measurement. 
Ang.oi8, 1914.  The  President  of  the  United  States  is  hereby  author- 
ized, whenever  in  his  discretion  the  needs  of  foreign  com- 
merce may  require,  to  suspend  by  order,1  so  far  and  for 
such  length  of  time  as  he  may  deem  desirable,  the  pro- 
visions of  law  prescribing  that  all  the  watch  officers  of 
vessels  of  the  United  States  registered  for  foreign  trade 
shall  be  citizens  of  the  United  States. 

Under  like  conditions,  in  like  manner,  and  to  like 
extent  the  President  of  the  United  States  is  also  hereby 
authorized  to  suspend1  the  provisions  of  the  law  requir- 
ing survey,  inspection,-  and  measurement  by  officers  of 
the  United  States  of  foreign-built  vessels  admitted  to 
American  registry  under  this  Act. 


Sec.  2. 


1  The  orovisious  of  the  law'  prescribing  that  the  watch  officers  of  vessels  of  the  United 
States  registered  for  foreign  trade  shall  be  citizens  of  the  United  States  are  hereby  sus- 
pended so  far  ana  for  such  length  of  time  as  is  herein  provided,  namely :  All  watch ^officers 
now  employed  on  foreign-built  ships  which  have  been  admitted  to  Lnited  States  registry 
under  said  Act  who,  heretofore,  have  declared  their  intention  to  become  citizens  of  the 
United  States  and  watch  officers  on  such  ships  who,  within  six  months  from  this  date, 
shall  declare  their  intention  to  become  such  citizens  shall  be  entitled  to  serve  on  foreign- 
built  ships  so  registered  until  the  time  shall  have  expired  within  which  they  may  become 
such  citizens  under  their  declarations,  and  shall  be  eligible  for  promotion  upon  any 
foreign-built  ship  so  registered.  ,      „«=„„„     nf 

2  The  provisions  of  law  requiring  survey,  inspection  and  measurement,  by  officers  ot 
the 'United  States,  of  foreign-built  ships  admitted  to  United  States  registry  under  said 
Act  are  hereby  suspended  so  far  and  for  such  length  of  time  as  is  herein  provided,  namely  : 
The  said  provisions  shall  not  apply  to  any  such  foreign-built  ship  during  the  period  of  one 
vear  from  this  date  provided  he  Secretary  of  Commerce  is  satisfied  in  the  ease  of  any 
such  ship  that  the  ship  is  safe  and  seaworthy  and  that  proper  effort  is  being  made  to 
comply  with  the  said  provisions. 


Part  III.— DOCUMENTS  OF  VESSELS. 


33.  Carpenter's  certificate. 

34.  Oath  of  owner. 

35.  Master's  oath  of  citizenship. 

36.  Place  of  registry. 

37.  Form  of  register. 

38.  Custody  and  surrender  of  register. 

39.  Registers  to  corporations. 

40.  Change    of    owner    of    registered 


52. 
53. 
54. 
55. 
56. 

57. 

58. 

59. 
60. 
61. 


63. 


64. 
65. 


Form  of  enrollment. 

Form  of  license. 

Duration  of  license. 

Surrender  of  license. 

Enrollment  and  license  to  corpora- 
tions. 

Change  of  owner  of  enrolled  ves- 
sel. 

Change  of  master  of  licensed  ves- 
sel. 

Certification  by  customs  officer. 

Enrollment  outside  of  district. 

Special  provisions  for  enrollment 
and  license. 

Inspection  of  enrollment  and  li- 
cense. 

Record  of  American-built  vessels 
owned  by  aliens. 

Offenses  against  the  registry  law. 

Offenses  against  enrollment  and 
license  laws. 


41.  Change  of  build. 

42.  Change    of   master   of   registered 

vessel. 

43.  Mortgage  and  bill  of  sale. 

44.  Sale  to  alien. 

45.  Loss  of  register. 

46.  Failure  to  deliver  former  register. 

47.  Cancellation  of  register. 

48.  Change  of  trade. 

49.  Method  of  enrollment  and  license. 

50.  Oath  of  master  and  owner. 

51.  Fees. 

33.  Carpenter's  certificate. 

In  order  to  the  registry  of  any  vessel  built  within  the  R-  s-» 4147> 
United.  States,  it  shall  be  necessary  to  produce  a  certifi- 
cate, under  the  hand  of  the  principal  or  master  carpenter, 
by  -whom  or  under  whose  direction  the  vessel  has  been 
built,  testifying  that  she  was  built  by  him  or  under  his 
direction,  and  specifying  the  place  where,  the  time  when, 
and  the  person  for  whom,  and  describing  her  build,  num- 
ber of  decks  and  masts,  length,  breadth,  depth,  tonnage, 
and  such  other  circumstances  as  are  usually  descriptive 
of  the  identity  of  a  vessel ;  which  certificate  shall  be  suffi- 
cient to  authorize  the  removal  of  a  new  vessel  from  the 
district  where  she  may  be  built  to  another  district  in  the 
same  or  an  adjoining  State,  where  the  owner  actually 
resides,  provided  it  be  with  ballast  only. 

34.  Oath,  of  owner. 

In  order  to  the  registry  of  any  vessel,  an  oath  shall  be  R.  s.,  4142. 
taken  and  subscribed  by  the  owner,  or  by  one  of  the 
owners  thereof,  before  the  officer  authorized  to  make  such 
registry,  declaring,  according  to  the  best  of  the  knowledge 
and  belief  of  the  person  so  swearing,  the  name  of  such 
vessel,  her  burden,  the  place  where  she  was  built,  if  built 
within  the  United  States,  and  the  year  in  which  she  was 

35 


36  NAVIGATION    LAWS   OF    THE    UNITED    STATES. 

built;  or  that  she  has  been  captured  in  war,  specifying 
the  time,  by  a  citizen  of  the  United  States,  and  lawfully 
condemned  as  prize,  producing  a.  copy  of  the  sentence  of 
condemnation,  authenticated  in  the  usual  forms;  or  that 
she  has  been  adjudged  to  be  forfeited  for  a  breach  of  the 
laws  of  the  United  States,  producing  a  like  copy  of  the 
adjudication  of  forfeiture;  and  declaring  his  name  and 
place  of  abode,  and  if  he  be  the  sole  owner  of  the  vessel, 
that  such  is  the  case;  or  if  there  be  another  owner,  that 
there  is  such  other  owner,  specifying  his  name  and  place 
of  abode,  and  that  he  is  a  citizen  of  the  United  States, 
and  specifying  the  proportion  belonging  to  each  owner; 
and  where  an  owner  resides  in  a  foreign  country,  in  the 
capacity  of  a  consul  of  the  United  States,  or  as  an  agent 
for  and  a  partner  in  a  house  or  copartnership  consisting 
of  citizens  of  the  United  States,  actually  carrying  on 
trade  within  the  United  States,  that  such  is  the  case,  that 
the  person  so  swearing  is  a  citizen  of  the  United  States, 
and  that  there  is  no  subject  or  citizen  of  any  foreign 
prince  or  state,  directly  or  indirectly,  by  way  of  trust, 
confidence,  or  otherwise,  interested  in  such  vessel,  or  in 
the  profits  or  issues  thereof ;  and  that  the  master  thereof 
is  a  citizen,  naming  the  master,  and  stating  the  means 
whereby  or  manner  in  which  he  is  a  citizen. 
r.  s.,  4143.  If  any  of  the  matters  of  fact  alleged  in  the  oath  taken 

by  an  owner  to  obtain  the  registry  of  any  vessel,  which 
within  the  knowledge  of  the  party  so  swearing  are  not 
true,  there  shall  be  a  forfeiture  of  the  vessel,  together 
with  her  tackle,  apparel,  and  furniture,  in  respect  to 
which  the  oath  shall  have  been  made,  or  of  the  value 
thereof,  to  be  recovered,  with  the  costs  of  suit,  of  the 
person  by  whom  the  oath  was  made. 

35.  Master's  oath,  of  citizenship. 

r.  s.,  4144.  If  the  master  of  a  vessel  is  within  the  district  where  a 

registry  thereof  is  to  be  made,  when  application  is  made 
for  registering  the  same,  he  shall  himself,  instead  of  the 
owner,  or  of  the  agent  or  attorney,  as  hereinafter  men- 
tioned, make  oath  touching  his  being  a  citizen,  and  the 
means  whereby  or  manner  in  which  he  is  a  citizen;  in 
which  case,  if  the  master  shall  knowingly  swear  to  any- 
thing untrue,  no  forfeiture  of  the  vessel,  on  account  of 
such  false  oath,  shall  be  incurred,  but  the  master  shall  be 
liable  to  a  penalty  of  one  thousand  dollars. 

36.  Place  of  registry. 

r.  s.,  4i4i.  Every  vessel,  except  as  is  hereinafter  provided,  shall  be 

registered  by  the  collector  of  that  collection  district  which 
includes  the  port  to  which  such  vessel  shall  belong  at  the 
time  of  her  registry;  which  port  shall  be  deemed  to  be 
that  at  or  nearest  to  which  the  owner,  if  there  be  but  one, 
or,  if  more  than  one,  the  husband  or  acting  and  managing 
owner  of  such  vessel,  usually  resides. 


PART   III. DOCUMENTS    OF    VESSELS.  37 

Whenever  any  citizen  of  the  United  States  purchases  or  b.b.,«B9. 
becomes  owner  of  any  vessel  entitled  to  be  registered,  such 
vessel  being  within  any  district  other  than  the  one  in 
which  he  usually  resides,  such  vessel  shall  be  entitled  to  be 
registered  by  the  collector  of  the  district  where  she  may 
be,  at  the  time  of  his  becoming  owner  thereof,  upon  his 
complying  with  the  provisions  hereinbefore  prescribed,  in 
order  to  the  registry  of  vessels.  And  the  oath  which  is 
required  to  be  taken  may,  at  the  option  of  such  owner,  be 
taken  either  before  the  collector  of  the  district  compre- 
hending the  port  to  which  such  vessel  may  belong,  or  be- 
fore the  collector  of  the  district  within  which  such  vessel 
may  be,  either  of  whom  is  hereby  empowered  to  admin- 
ister such  oath. 

Whenever  any  vessel,  registered  in  pursuance  of  the  R- s-  416°- 
provisions  of  the  preceding  section,  shall  arrive  within 
the  district  comprehending  the  port  to  which  she  belongs, 
the  certificate  of  registry,  so  obtained,  shall  be  delivered 
up  to  the  collector  of  such  district,  who  upon  the  requi- 
sites of  this  Title  [E.  S.,  4131-4305]  in  order  to  the  regis- 
try of  vessels,  being  complied  with,  shall  grant  a  new  one 
in  lieu  of  the  first.  The  certificate  so  delivered  up  shall 
forthwith  be  returned  by  the  collector  who  receives  the 
same,  to  the  collector  who  granted  it.  If  the  first-men- 
tioned certificate  of  registry  is  not  delivered  up,  as  above 
directed,  the  owner  and  the  master  of  such  vessel,  at  the 
time  of  her  arrival  within  the  district  comprehending  the 
port  to  which  she  may  belong,  shall  severally  be  liable  to 
a  penalty  of  one  hundred  dollars,  and  the  certificate  of 
registry  shall  be  thenceforth  void. 

Whenever  any  vessel  entitled  to  be  registered  is  pur-  R-  s- 4161- 
chased  by  an  agent  or  attorney  for  or  on  account  of  a  citi- 
zen of  the  United  States,  such  vessel  being  in  a  district  of 
the  United  States  more  than  fifty  miles  distant,  taking  the 
nearest  usual  route  by  land,  from  the  one  comprehending 
the  port  to  which,  by  virtue  of  such  purchase,  and  by 
force  of  this  Title  [R.  S.,  4131-4305],  such  vessel  ought 
to  be  deemed  to  belong,  it  shall  be  lawful  for  the  collector 
of  the  district  where  such  vessel  may  be,  and  he  is  hereby 
required  upon  the  application  of  such  agent  or  attorney, 
to  proceed  to  the  registering  of  the  vessel,  the  agent  or 
attorney  first  complying,  on  behalf  and  in  the  stead  of  the 
owner  thereof,  with  the  requisites  prescribed  by  this  Title 
in  order  to  the  registry  of  vessels,  except  that,  in  the  oath 
taken  by  the  agent  or  attorney,  instead  of  swearing  that 
he  is  owner  or  an  owner  of  such  vessel,  he  shall  swear  that 
he  is  agent  or  attorney  for  the  owner  thereof,  and  that  he 
has,  in  good  faith,  purchased  the  vessel  for  the  person 
whom  he  names  and  describes  as  the  owner  thereof. 

Whenever  any  vessel  registered  in  pursuance  of  the  pro-  R-  s->  4162- 
visions  of  the  preceding  section,  shall  arrive  within  the 
district  comprehending  the  port  to  which  she  belongs,  the 


38  NAVIGATION    LAWS   OF    THE    UNITED    STATES. 

certificate  of  registry  so  obtained  shall  be  delivered  up  to 
the  collector  of  such  district,  who,  upon  the  requirements 
of  this  Title  [R.  S.,  4131-4305]  in  order  to  the  registry  of 
vessels  being  complied  with,  shall  grant  a  new  one  in  lieu 
of  the  first.  The  certificate,  so  delivered  up,  shall  forth- 
with be  returned  to  the  collector,  who  shall  transmit  the 
same  to  the  collector  who  granted  it.  If  the  first-men- 
tioned certificate  of  registry  is  not  delivered  up,  as  above 
directed,  the  owner  and  the  master  of  such  vessel,  at  the 
time  of  her  arrival  within  the  district  comprehending  the 
port  to  which  she  may  belong,  shall  severally  be  liable  to 
a  penalty  of  one  hundred  dollars,  and  the  certificate  of 
registry  shall  be  thenceforth  void. 

r.  s.,  4163.  jf  any  0f  ftie  matters  of  fact  alleged  in  the  oath  taken 

by  an  agent  or  attorney  to  obtain  the  registry  of  a  vessel 
which  are  within  the  knowledge  of  the  party  so  swearing, 
are  not  true,  there  shall  be  a  forfeiture  of  vessel,  together 
with  her  tackle,  apparel,  and  furniture,  in  respect  to 
which  the  same  was  made,  or  of  the  value  thereof,  to  be 
recovered,  with  costs  of  suit,  of  the  person  by  whom  such 
oath  was  made. 
37.  Form,  of  register. 

r.  s.,  4155.  When  the  several  matters   hereinbefore  required,  in 

order  to  the  registering  of  any  vessel,  have  been  complied 
with,  the  collector  of  the  district  comprehending  the  port 
to  which  she  belongs  shall  make  and  keep  in  some  proper 
book  a  registry  thereof,  and  shall  grant  a  certificate  of 
such  registry,  as  nearly  as  may  be,  in  the  form  following : 
In  pursuance  of  chapter  one,  Title  XL VIII,  "  Regula- 
tion or  Commerce  and  Navigation,"  of  the  Revised 
Statutes  of  the  United  States,  (inserting  here  the  name, 
occupation,  and  place  of  abode  of  the  person  by  whom  the 
oath  was  made),  having  taken  and  subscribed  the  oath 
required  by  law,  and  having  sworn  that  he  (or  she,  and  if 
more  than  one  owner,  adding  the  words,  "  together  with," 
and  the  name  or  names,  occupation  or  occupations,  place 
or  places  of  abode,  of  the  owner  or  owners,  and  the  part 
or  proportion  of  such  vessel  belonging  to  each  owner)  is 
(or  are)  the  only  owner  (or  owners)  of  the  vessel  called 
the  (inserting  here  her  name),  of  (inserting  here  the 
port  to  which  she  may  belong),  whereof  (inserting  here 
the  name  of  the  master)  is  at  present  master,  and  is  a 
citizen  of  the  United  States,  and  that  the  said  vessel  was 
(inserting  here  when  and  where  built),  and  (inserting 
here  the  name  and  office,  if  any,  of  the  person  by  whom 
she  shall  have  been  surveyed  or  measured)  having  certi- 
fied that  the  said  vessel  has  (inserting  here  the  number  of 
decks)  and  (inserting  here  the  number  of  masts),  and 
that  her  length  is  (inserting  here  the  number  of  feet),  her 
breadth  (inserting  here  the  number  of  feet),  her  depth 
(inserting  here  the  number  of  feet),  and  that  she  meas- 
ures (inserting  here  her  number  of  tons)  ;  that  she  is 
(describing  here  the  particular  kind  of  vessel,  whether 


PART  III. — DOCUMENTS   OF  VESSELS.  39 

ship,  brigantine,  snow,  schooner,  sloop,  or  whatever  else, 
together  with  her  build,  and  specifying  whether  she  has 
any  or  no  gallery  or  head)  ;  and  the  said  (naming  the 
owner,  or  the  master,  or  other  person  acting  in  behalf  of 
the  owner  or  owners,  by  whom  the  certificate  of  measure- 
ment has  been  countersigned,  as  aforesaid)  having  agreed 
to  the  description  and  measurement  above  specified,  ac- 
cording to  law,  the  said  vessel  has  been  duly  registered  at 
the  port  of  (naming  the  port  where  registered).  Given 
under  my  hand  and  seal,  at  (naming  the  said  port) ,  this 
(inserting  the  particular  day)  day  of  (naming  the 
month),  in  the  year  (specifying  the  number  of  the  year, 
in  words,  at  length). 

When  the  master  of  such  vessel  himself  makes  oath  R-  s.,  4156. 
touching  his  being  a  citizen,  the  wording  of  the  certificate 
shall  be  varied  so  as  to  be  conformable  to  the  truth  of  the 
case.  Where  a  new  certificate  of  registry  is  granted  in 
consequence  of  any  transfer  of  a  vessel,  the  words  shall  be 
so  varied  as  to  refer  to  the  former  certificate  of  registry 
for  her  measurement. 

The  collector  of  each  district  shall  progressively  nuni-  R.  s.,  4176. 
ber  the  certificates  of  the  registry  by  him  granted,  begin- 
ning anew  at  the  commencement  of  each  year,  and  shall 
enter  an  exact  copy  of  each  certificate  in  a  book  to  be  kept 
for  that  purpose ;  and  shall,  once  in  three  months,  trans-  ^y25>  1884- 
mit  to  the  Commissioner  of  Navigation  copies  of  all  the 
certificates  which  shall  have  been  granted  by  him,  includ- 
ing the  number  of  each. 

It  shall  be  the  duty  of  the  Secretary  of  Commerce  i^s.^415^ 
to  cause  to  be  provided  blank  certificates  of  registry,  seV.'io.' 
and  such  other  papers  as  may  be  necessary,  executed 
in  such  manner  and  with  such  marks  as  he  may  direct. 
No  certificate  of  registry  shall  be  issued,  except  such  as 
shall  have  been  so  provided  and  marked. 

The  Secretary  of  Commerce  shall  cause  to  be  trans-  Feb.'i4!5i8903. 
mitted,  from  time  to  time,  to  the  collectors  of  the  sev-  sec.  10.' 
eral  districts,  a  sufficient  number  of  forms  of  the  cer- 
tificates of  registry,  attested  under  the  seal  of  the  De- 
partment of  Commerce  and  the  hand  of  the  Commis-  July  5'  1884' 
sioner  of  Navigation,  with  proper  blanks,  to  be  filled 
by  the  collectors,  respectively,  by  whom  also  the  cer- 
tificates  shall   be    signed   and   sealed,   before   they    are 
issued ;  and  where  there  is  a  naval  officer  at  any  port,  they 
shall  be  countersigned  by  him ;  and  where  there  is  a  sur- 
veyor, but  no  naval  officer,  they  shall  be  countersigned  by 
him.     A  copy  of  each  certificate  issued  shall  be  trans- 
mitted to  the  Commissioner  of  Navigation,  who  shall 
cause  a  record  to  be  kept  of  the  same. 
38.  Custody  and  surrender  of  register. 

A  certificate  of  registry  shall  be  solely  used  for  the  ves-  jan.'^^s. 
sel  for  which  it  is  granted,  and  shall  not  be  sold,  lent,  or  sec.' 2.  ' 
otherwise  disposed  of,  to  any  person  whomsoever ;  and  in 


40  NAVIGATION    LAWS   OP   THE   UNITED   STATES. 

case  the  vessel  so  registered  shall  be  lost,  or  taken  by  an 
enemy,  burned,  or  broken  up,  or  shall  be  otherwise  pre- 
vented from  returning  to  the  port  to  which  she  may 
belong,  the  certificate,  if  preserved,  shall  be  delivered  up 
within  eight  days  after  the  arrival  of  the  master  or  person 
having  the  charge  or  command  of  such  vessel  within  any 
district  of  the  United  States,  to  the  collector  of  such  dis- 
trict; and  if  any  foreigner,  or  any  person  for  the  use 
and  benefit  of  such  foreigner,  shall  purchase  or  otherwise 
become  entitled  to  the  whole,  or  any  part  or  share  of,  or 
interest  in  such  vessel,  the  same  being  within  a  district  of 
the  United  States,  the  certificate  shall,  within  seven  days 
after  such  purchase,  change,  or  transfer  of  property,  be 
delivered  up  to  the  collector  of  the  district;  and  if  any 
such  purchase,  change,  or  transfer  of  property  shall  hap- 
pen when  such  vessel  shall  be  at  any  foreign  port  or  place, 
or  at  sea,  then  the  master  or  person  having  the  charge  or 
command  thereof  shall,  within  eight  days  after  his  arrival 
within  any  district  of  the  United  States,  deliver  up  the 
certificate  to  the  collector  of  such  district.  Any  master  or 
owner  violating  the  provisions  of  this  section  shall  be 
liable  to  a  penalty  of  not  exceeding  five  hundred  dollars, 
and  the  certificate  of  registry  shall  be  thenceforth  void. 
Feb.  14, 1903.  The  Secretary  of  Commerce  shall  have  the  power  to 
sec  io.  remit  or  mitigate  such  penalty  if  in  his  opinion  it  was 

incurred  without  willful  negligence  or  intention  of  fraud. 
39.  Registers  to  corporations. 
r.  s.,  4137.  Registers  for  vessels  ow7ned  by  any  incorporated  com- 

pany may  be  issued  in  the  name  of  the  president  or  secre- 
tary of  such  company;  and  such  register  shall  not  be 
vacated  or  affected  by  sales  of  any  shares  of  stock  in  such 
company. 
r.  s.,  4138.  Upon  the  death,  removal,  or  resignation  of  such  presi- 

dent or  secretary  of  any  incorporated  company  owning 
any  vessel,  a  new  register  shall  be  taken  out  for  such 
vessel. 
r.  s.,  4130.  Previous  to  granting  a  register  for  any  vessel  owned  by 

June  24,  1902.  ^  incorp0rated  company,  or  by  an  individual  or  indi- 
viduals, the  president  or  secretary  of  such  company,  or 
any  other  officer  or  agent  thereof,  duly  authorized  by  said 
company  in  writing,  attested  by  the  corporate  seal  there- 
of, to  act  for  the  company  in  this  behalf,  or  the  managing 
owner,  or  his  agent  duly  authorized  by  power  of  attorney, 
when  such  vessel  is  owned  by  an  individual  or  individ- 
uals, shall  swear  to  the  ownership  of  the  vessel  without 
designating  the  names  of  the  persons  composing  the  com- 
pany, when  such  vessel  is  owned  by  a  corporation,  and 
the  oath  of  either  of  said  officers  or  agents  shall  be  deemed 
sufficient  without  requiring  the  oath  of  any  other  person 
interested  and  concerned  in  such  vessel. 


PART   III. DOCUMENTS    OF  VESSELS.  41 

40.   Change  of  owner  of  registered  vessel. 
Whenever   it   appears,  by   satisfactory   proof,   to   the  v-,s-r41?lb. 

si  •       •  i>  xt        ■        j  •  ,i       ■  -ii  i  it    July   5,   1884. 

Commissioner  ot  Navigation  that  any  vessel  has  been  sold  sec.  2. 
and  transferred  by  process  of  law,  and  that  the  register 
of  such  vessel  is  retained  by  the  former  owner,  the  Com- 
missioner may  direct  the  collector  of  the  district  to  which 
such  vessel  may  belong  to  grant  a  new  register,  under 
such  sale,  on  the  owners  complying  with  such  terms  and 
conditions  as  are  by  law  required  for  granting  such 
papers;  excepting  only  the  delivering  up  of  the  former 
certificate  of  registry.  But  nothing  in  this  section  shall 
be  construed  to  remove  the  liability  of  any  person  to  any 
penalty  for  not  surrendering  the  papers  belonging  to  any 
vessel,  on  a  transfer  or  sale  of  the  same. 

When  any  vessel,  registered  pursuant  to  any  law  of  the  r.  s.,  4166. 
United  States,  shall,  while  she  is  without  the  limits  of 
the  United  States,  be  sold  or  transferred  in  whole  or  in 
part  to  a  citizen  of  the  United  States,  such  vessel  on  her 
first  arrival  in  the  United  States  thereafter,  shall  be  enti- 
tled to  all  the  privileges  and  benefits  of  a  vessel  of  the 
United  States:  Provided,  That  all  the  requisites  of  law, 
in  order  to  the  registry  of  vessels,  shall  be  complied  with, 
and  a  new  certificate  of  registry  obtained  for  such  vessel, 
within  three  days  from  the  time  at  which  the  master  or 
other  person  having  the  charge  or  command  of  such  vessel 
is  required  to  make  his  final  report  upon  her  first  arrival 
afterward. 
41.  Change  of  build. 

Whenever  any  vessel,  which  has  been  registered,  is,  in  R.  s.,  4170. 
whole  or  in  part,  sold  or  transferred  to  a  citizen  of  the 
United  States,  or  is  altered  in  form  or  burden,  by  being 
lengthened  or  built  upon,  or  from  one  denomination  to 
another,  by  the  mode  or  method  of  rigging  or  fitting,  the 
vessel  shall  be  registered  anew,  by  her  former  name,  ac- 
cording to  the  directions  hereinbefore  contained,  other- 
wise she  shall  cease  to  be  deemed  a  vessel  of  the  United 
States.  The  former  certificate  of  registry  of  such  vessel 
shall  be  delivered  up  to  the  collector  to  whom  application 
for  such  new  registry  is  made,  at  the  time  that  the  same  seK'  1884' 
is  made,  to  be  by  him  transmitted  to  the  Commissioner  of 
Navigation,  who  shall  cause  the  same  to  be  canceled.  In 
every  such  case  of  sale  or  transfer,  there  shall  be  some  in- 
strument of  writing,  in  the  nature  of  a  bill  of  sale,  which 
shall  recite,  at  length,  the  certificate;  otherwise  the  ves- 
sel shall  be  incapable  of  being  so  registered  anew. 
42;  Change  of  master  of  registered  vessel. 

When  the  master  or  person  having  the  charge  or  com-  R-  s-  4m- 
mand  of  a  registered  vessel  is  changed,  the  owner,  or  one 
of  the  owners,  or  the  new  master  of  such  vessel,  shall 
report  such  change  to  the  collector  of  the  district  where 


Sec.  2. 


42  NAVIGATION    LAWS   OP    THE   UNITED    STATES. 

the  same  has  happened,  or  where  the  vessel  shall  first  be 
after  the  same  has  happened,  and  shall  produce  to  him  the 
certificate  of  registry  of  such  vessel,  and  shall  make  oath, 
shoAving  that  such  new  master  is  a  citizen  of  the  United 
States,  and  the  manner  in  which  or  means  whereby  he  is 
so  a  citizen.  Thereupon  the  collector  shall  indorse  upon 
the  certificate  of  registry  a  memorandum  of  such  change, 
specifying  the  name  of  such  new  master,  and  shall  sub- 
scribe the  memorandum  with  his  name ;  and  if  other  than 
the  collector  of  the  district  by  whom  the  certificate  of  reg- 
istry was  granted,  shall  transmit  a  copy  of  the  memoran- 
dum to  him,  with  notice  of  the  particular  vessel  to  which 
it  relates;  and  the  collector  of  the  district,  by  whom  the 
certificate  shall  have  been  granted,  shall  make  a  like  mem- 
orandum of  such  change  in  his  book  of  registers,  and  shall 

July  5,  1884.  transmit  a  copy  thereof  to  the  Commissioner  of  Naviga- 
tion. If  the  change  is  not  reported,  or  if  the  oath  is  not 
taken,  as  above  directed,  the  registry  of  such  vessel  shall 
be  void,  and  the  master  or  person  having  the  charge  or 
command  of  her  shall  be  liable  to  a  penalty  of  one  hun- 
dred dollars. 
43.  Mortgage  and  bill  of  sale. 

No  bill  of  sale,  mortgage,  hypothecation,  or  conveyance 
of  any  vessel,  or  part  of  any  vessel,  of  the  United  States, 
shall  be  valid  against  any  person  other  than  the  grantor 
or  mortgagor,  his  heirs  and  devisees,  and  persons  having 
actual  notice  thereof,  unless  such  bill  of  sale,  mortgage, 
hypothecation,  or  conveyance  is  recorded  in  the  office  of 
the  collector  of  the  customs  where  such  vessel  is  registered 
or  enrolled.  The  lien  by  bottomry  on  any  vessel,  created 
during  her  voyage,  by  a  loan  of  money  or  materials  neces- 
sary to  repair  or  enable  her  to  prosecute  a  voyage,  shall 
not,  however,  lose  its  priority,  or  be  in  any  way  affected 
by  the  provisions  of  this  section. 

The  collectors  of  the  customs  shall  record  all  such  bills 
of  sale,  mortgages,  hypothecations,  or  conveyances,  and, 
also,  all  certificates  for  discharging  and  canceling  any 
such  conveyances,  in  books  to  be  kept  for  that  purpose,  in 
the  order  of  their  reception;  noting  in  such  books,  and 
also  on  the  bill  of  sale,  mortgage,  hypothecation,  or  con- 
veyance, the  time  when  the  same  was  received;  and  shall 
certify  on  the  bill  of  sale,  mortgage,  hypothecation,  or 
conveyance,  or  certificate  of  discharge  or  cancellation,  the 

June  19, 1886. number  of  the  book  and  page  where  recorded;  but  no 
bill  of  sale,  mortgage,  hypothecation,  conveyance,  or  dis- 
charge of  mortgage  or  other  incumbrance  of  any  vessel, 
shall  be  recorded,  unless  the  same  is  duly  acknowledged 
before  a  notary  public  or  other  officer  authorized  to  take 
acknowledgment  of  deeds. 

it.  s.,  4194.  The  collectors  of  the  customs  shall  keep  an  index  of 

such  records,  inserting  alphabetically  the  names  of  the 
vendor  or  mortgagor,  and  of  the  purchaser  or  mortgagee, 


R.  S.,  4193. 


PART  III. DOCUMENTS   OF   VESSELS.  43 

and  shall  permit  such  index  and  books  of  records  to  be 
inspected  during  office  hours,  under  such  reasonable  regu- 
lations as  they  may  establish,  and  shall,  when  required, 
furnish  to  any  person  a  certificate,  setting  forth  the 
names  of  the  owners  of  any  vessel  registered  or  enrolled, 
the  parts  or  proportions  owned  by  each,  if  inserted  in  the 
register  or  enrollment,  and  also  the  material  facts  of  any 
existing  bill  of  sale,  mortgage,  hypothecation,  or  other 
incumbrance  upon  such  vessel,  recorded  since  the  issuing 
of  the  last  register  or  enrollment,  viz,  the  date,  amount 
of  such  incumbrance,  and  from  and  to  whom  or  in  whose  June  19, 1886. 
favor  made. 

The  collectors  of  the  customs  shall  furnish  certified  r.  s.,4195. 
copies  of  such  records,  on  the  receipt  of  fifty  cents  for 
each  bill  of  sale,  mortgage,  or  other  conveyance. 

All  bills  of  sale  of  vessels  registered  or  enrolled,  shall  r.  g.,  419c. 
set  forth  the  part  of  the  vessel  owned  by  each  person  sell- 
ing, and  the  part  conveyed  to  each  person  purchasing. 

44.  Sale  to  alien. 

If  any  vessel  registered  as  a  vessel  of  the  United  States  r.  s„  4172. 
shall  be  sold  or  transferred,  in  whole  or  in  part,  by  way 
of  trust,  confidence,  or  otherwise,  to  a  subject  or  citizen 
of  any  foreign  prince  or  state,  and  such  sale  or  transfer 
shall  not  be  made  known,  as  hereinbefore  directed,  such 
vessel,  together  with  her  tackle,  apparel,  and  furniture, 
shall  be  forfeited.  If  such  vessel,  however,  be  so  owned  in 
part  only,  and  it  is  made  to  appear  to  the  jury  before 
whom  the  trial  for  such  forfeiture  is  had,  that  any  other 
owner  of  such  vessel,  being  a  citizen  of  the  United  States, 
was  wholly  ignorant  of  the  sale  or  transfer  to  or  owner- 
ship of  such  foreign  subject  or  citizen,  the  share  or  inter- 
est of  such  citizen  of  the  United  States  shall  not  be  sub- 
ject to  such  forfeiture,  and  the  residue  only  shall  be  so 
forfeited. 

45.  Loss  of  register. 

"Whenever  the  certificate  of  the  registry  of  any  vessel  is  r.  s.,  4167. 
lost,  destroyed,  or  mislaid,  the  master,  or  other  person 
having  the  charge  or  command  thereof,  may  make  oath 
before  the  collector  of  the  district  where  such  vessel 
shall  first  be  after  such  loss,  destruction,  or  mislaying, 
in  the  form  following:  "I,  (inserting  here  the  name 
of  the  person  swearing),  being  master  (or  having  the 
charge  or  command)  of  the  ship  or  vessel  called  the 
(inserting  the  name  of  the  vessel),  do  swear  (or  affirm) 
that  the  said  vessel  hath  been,  as  I  verily  believe,  reg- 
istered according  to  law,  by  the  name  of  (inserting 
again  the  name  of  the  vessel),  and  that  a  certificate 
thereof  was  granted  by  the  collector  of  the  district  of 
(naming  the  district  where  registered),  which  certifi- 
cate has  been  lost  (or  destroyed,  or  unintentionally 
and  by  mere  accident  mislaid,  as  the  case  may  be)  ; 
and  (except  where  the  certificate  is  alleged  to  have 
been  destroyed)  that  the  same,  if  found  again,  and  within 


44  NAVIGATION    LAWS   OF    THE    UNITED    STATES. 

my  power,  shall  be  delivered  up  to  the  collector  of  the  dis- 
trict in  which  it  was  granted."  Such  oath  shall  be  sub- 
scribed by  the  party  making  the  same ;  and  upon  such  oath 
being  made,  and  the  other  requisites  of  this  Title  [R.  S., 
4131-4305]  in  order  to  the  registry  of  vessels  being  com- 
plied with,  it  shall  be  lawful  for  the  collector  of  the  dis- 
trict before  whom  such  oath  is  made,  to  grant  a  new 
register,  inserting  therein  that  the  same  is  issued  in  lieu  of 
the  one  lost  or  destroyed. 
r.  s.,  4ir,8.  Whenever  a  register  is  granted  in  lieu  of  one  lost  or 

destroyed,  by  any  other  than  the  collector  of  the  district 
to  which  the  vessel  actually  belongs,  such  register  shall, 
within  ten  days  after  her  first  arrival  within  the  district 
to  which  she  belongs,  be  delivered  up  to  the  collector  of 
such  district,  who  shall,  thereupon,  grant  a  new  register  in 
lieu  thereof.  And  in  case  the  master  or  commander  shall 
neglect  to  deliver  up  such  register  within  the  time  above 
mentioned,  he  shall  be  liable  to  a  penalty  of  one  hundred 
dollars;  and  the  former  register  shall  become  null  and 
void. 

46.  Failure  to  deliver  former  register. 

r.  s.,  4169.  ln  every  case  in  which  a  vessel  is  required  to  be  regis- 

tered anew,  if  she  shall  not  be  so  registered  anew,  she  shall 
not  be  entitled  to  any  of  the  privileges  or  benefits  of  a  ves- 
sel of  the  United  States.  And  if  her  former  certificate  of 
registry  is  not  delivered  up,  except  where  the  same  may 
have  been  destroyed,  lost,  or  unintentionally  mislaid,  and 
an  oath  thereof  shall  have  been  made,  as  hereinbefore  pre- 
scribed, the  owner  of  such  vessel  shall  be  liable  to  a  pen- 
alty of  five  hundred  dollars,  to  be  recovered,  with  costs  of 
suit. 

47.  Cancellation  of  register. 

r.  s.,  4174.  Every  certificate  of  registry  which  is  delivered  up  to  a 

collector  on  the  loss,  destruction,  or  capture  of  a  vessel,  or 

July  5, 18S4.     the  transfer  thereof  to  a  foreigner,  shall  be  forthwith 

sec.  2.  transmitted  to  the  Commissioner  of  Navigation  to  be  can- 

celed ;  who,  if  the  same  shall  have  been  delivered  up  to  a 
collector  other  than  of  the  district  in  which  it  was  granted, 
shall  cause  notice  of  such  delivery  to  be  given  to  the  col- 
lector of  such  district. 

r.  s.,  4175.  Whenever  the  master  or  owner  of  a  vessel  shall  deliver 

up  the  register  of  such  vessel,  agreeably  to  the  provisions 
of  this  Title  [R.  S.,  4131-4305],  if  to  the  collector  of  the 
district  where  the  same  was  granted,  the  collector  shall 

Jan.  16, 1895.  thereupon  cancel  the  bond  which  shall  have  been  given  at 
the  time  of  granting  such  register ;  or  if  to  the  collector  of 
any  other  district,  such  collector  shall  grant  to  the  master, 
commander,  or  owner,  a  receipt  or  acknowledgment  that 
such  register  has  been  delivered  to  him,  and  the  time  when ; 
and  upon  such  receipt  being  produced  to  the  collector  by 
whom  the  register  was  granted,  he  shall  cancel  the  bond 


PART  III. DOCUMENTS    OF    VESSELS.  45 

of  the  party,  as  if  the  register  had  been  returned  to  him. 
[Note. — Bonds  abolished  Jan.  16,  1895.  This  section  ap- 
plies only  to  outstanding  bonds.] 

48.  Change  of  trade. 

The  collectors  of  the  several  districts  may  enroll  and  r.  s.,  4322. 
license  any  vessel  that  may  be  registered,  upon  such  regis- 
try being  given  up,  or  may  register  any  vessel  that  may  be 
enrolled,  upon  such  enrollment  and  license  being  given 

UP- 

When  any  vessel  shall  be  in  any  other  district  than  the  R.  Sm  4323. 

one  to  which  she  belongs,  the  collector  of  such  district,  on 

the   application   of   the   master   thereof,   and   upon   his 

taking  an  oath  that,  according  to  his  best  knowledge  and 

belief,  the  property  remains  as  expressed  in  the  register 

or  enrollment  proposed  to  be  given  up,  shall  make  the 

exchange  of  an  enrollment  for  a  register  or  a  register  for  Jan.  16,  1005, 

an  enrollment;  but  in  every  such  case,  the  collector  to 

whom  the  register  or  enrollment  and  license  may  be  given 

up  shall  transmit  the  same  to  the  Commissioner  of  Navi-  juiy  5,  1884. 

gation ;    and    the    register,    or    enrollment    and    license, 

granted  in  lieu  thereof,  shall,  within  ten  days  after  the 

arrival  of  such  vessel  within  the  district  to  which  she 

belongs,  be  delivered  to  the  collector  of  the  district,  and 

be  by  him  canceled.    If  the  master  shall  neglect  to  deliver 

the  register  or  enrollment  and  license  within  sucl*  time, 

he  shall  be  liable  to  a  penalty  of  one  hundred  dollars. 

49.  Method  of  enrollment  and  license. 

In  order  for  the  enrollment  of  any  vessel,  she  shall  pos-  R.  s.,  4312. 
sess  the  same  qualifications,  and  the  same  requirements  in 
all  respects  shall  be  complied  with,  as  are  required  before 
registering  a  vessel ;  and  the  same  powers  and  duties  are 
conferred  and  imposed  upon  all  officers,  respectively,  and 
the  same  proceedings  shall  be  had,  in  enrollment  of  ves- 
sels, as  are  prescribed  for  similar  cases  in  registering ;  and 
A-essels  enrolled,  with  the  masters  or  owners  thereof,  shall 
be  subject  to  the  same  requirements  as  are  prescribed  for 
registered  vessels. 

50.  Oath  of  master  and  owner. 

No  licensed  vessel  shall  be  employed  in  any  trade  where- 
by the  revenue  laws  of  the  United  States  shall  be  de- 
frauded. The  master  of  every  such  vessel  shall  swear 
that  he  is  a  citizen  of  the  United  States,  and  that  such 
license  shall  not  be  used  for  any  other  vessel  or  any  other 
employment  than  that  for  which  it  was  specially  granted, 
or  in  any  trade  or  business  whereby  the  revenue  of  the 
United  States  may  be  defrauded ;  and  if  such  vessels  be 
less  than  twenty  tons  burden,  the  husband  or  managing 
owner  shall  swear  that  she  is  wholly  the  property  of 
citizens  of  the  United  States;  whereupon  it  shall  be  the 
duty  of  the  collector  of  the  district  comprehending  the 
port  whereto  such  vessel  may  belong  to  grant  a  license. 


R.  S.,  4320. 


46  NAVIGATION"    LAWS   OF    THE    UNITED    STATES. 

ilc'56,  1895*  Any  master  or  owner  violating  the  provisions  of  this  sec- 
tion shall  be  liable  to  the  penalty  of  two  hundred  dollars, 

sec."  io4.'  19°3'  in  addition  to  any  other  penalty  imposed  by  law.  The 
Secretary  of  Commerce  shall  have  power  to  remit  or 
mitigate  any  such  penalty  if  in  his  opinion  it  was  in- 
curred without  negligence  or  intention  of  fraud. 

51.  Fees. 

June  i98i886      All  vessels  subject  to  enrollment  or  license  shall  be  liable 
'  to  the  payment  of  the  fees  established  by  law  for  services 
of  customs  officers  incident  thereto.     [See  par.  -177.] 

52.  Form  of  enrollment. 

r.  s.,4319.  The  record  of  the  enrollment  of  a  vessel  shall  be  made, 

Apr.  24,  1906.  an(j  &n  aL,stract  or  COpy  thereof  granted,  as  nearly  as  may 
be  in  the  following  form :  ["]  Enrollment.  In  conformity 
to  Title  L,  [R.  S.  4311-4390]  '  Regulation  or  vessels  in 
domestic  commerce,'  of  the  Revised  Statutes  of  the 
United  States,  (inserting  here  the  name  of  the  person, 
with  his  occupation  and  place  of  abode,  by  whom  the  oath 
or  affirmation  is  to  be  made,)  having  taken  and  subscribed 
the  oath  (or  affirmation)  required  by  law,  and  having 
sworn  (or  affirmed)  that  he  (or  she,  and  if  more  than  one 
owner  adding  the  words  '  together  with,'  and  the  name  or 
names,  occupation  or  occupations,  place  or  places  of 
abode [,]  of  the  owner  or  owners,  and  the  part  or  propor- 
tion of  such  vessel  belonging  to  each  owner)  is  (or  are)  a 
citizen  (or  citizens)  of  the  United  States,  and  sole  owner 
(or  owners)  of  the  ship  or  vessel  called  the  (inserting 
here  her  name),  of  (inserting  here  the  name  of  the  port 
to  which  she  may  belong),  whereof  (inserting  here  the 
name  of  the  master)  is  at  present  master,  and  is  a  citizen 
of  the  United  States,  and  that  the  said  ship  or  vessel  was 
(inserting  here  when  and  where)  built,  and  (inserting 
here  the  name  and  office,  if  any,  of  the  person  by  whom  she 
shall  have  been  surveyed  and  measured),  having  certified 
that  the  said  ship  or  vessel  has  (inserting  here  the  number 
of  decks),  and  (inserting  here  the  number  of  masts),  and 
that  her  length  is  (inserting  here  the  number  of  feet) ,  her 
breadth  (inserting  here  the  number  of  feet),  her  depth 
(inserting  here  the  number  of  feet),  and  that  she_ meas- 
ures (inserting  here  her  number  of  tons)  ;  that  she  is  (de- 
scribing here  the  particular  kind  of  vessel,  whether  ship, 
brigantine,  snow,  schooner,  sloop,  or  whatever  else,  to- 
gether with  her  build,  and  specifying  whether  she  has  any 
or  no  gallery  or  head),  and  the  said  (naming  the  owner 
or  the  master,  or  other  person  acting  in  behalf  of  the 
owner  or  owners,  by  whom  the  certificate  of  measurement 
shall  have  been  countersigned), having  agreed  to  the  de- 
scription and  measurement  above  specified,  according  to 
Jan.  16,  1895.  ^he  sajc|  Title,  the  said  ship  or  vessel  has  been  duly  en- 
rolled at  the  port  of  (naming  the  port  where  enrolled). 
Given  under  my  hand  and  seal,  at  (naming  the  said  port) , 
this  (inserting  the  particular  day)  day  of  (naming  the 


PART   III. DOCUMENTS    OP    VESSELS.  47 

month),  in  the  year  (specifying  the  number  of  the  year, 
in  words,  at  length)." 

Under  the  direction  of  the  Secretary  of  Commerce  the  ^pr.  24,  1906. 
Commissioner  of  Navigation  is  hereby  authorized  and 
directed  from  time  to  time  to  consolidate  into  one  docu- 
ment in  the  case  of  any  vessel  of  the  United  States,  the 
form  of  enrollment  prescribed  by  section  forty-three  hun- 
dred and  nineteen  of  the  Revised  Statutes  and  the  form 
of  license  prescribed  by  section  forty-three  hundred  and 
twent}r-one  of  the  Revised  Statutes,  and  such  consolidated 
form  shall  hereafter  be  issued  to  a  vessel  of  the  United 
States  in  lieu  of  the  separate  enrollment  and  license,  now 
prescribed  by  law,  and  shall  be  deemed  sufficient  compli- 
ance with  the  requirements  of  laws  relating  to  the 
subject. 

This  Act  shall  not  be  construed  to  amend  any  law  now  gPcr-324,  1906- 
in  force  concerning  the  compensation  of  officers  of  the 
customs  for  service  connected  with  the  enrollment  and 
license  of  vessels. 
53.  Form  of  license. 

The  form  of  a  license  for  carrying  on  the  coasting-  Apf''242i*906 
trade  or  fisheries  shall  be  as  follows : 

"License  for  carrying  on  the  (here  insert  'coasting 
trade,' '  whale-fishery,' '  mackerel-fishery,'  or  '  cod-fishery,' 
as  the  case  may  be) . 

"  In  pursuance  of  Title  L  [R.  S.,  4311-4390],  '  Regula- 
tion of  vessels  in  domestic  commerce,'  of  the  Revised 
Statutes  of  the  United  States,  (inserting  here  the  name  of 
the  husband  or  managing  owner,  with  his  occupation  and 
place  of  abode),  and  the  name  of  the  master,  with  the 
place  of  his  abode,  having  [given  bond]  that  the  (insert 
here  the  description  of  the  vessel,  whether  ship,  brigan- 
tine,  snow,  schooner,  sloop,  or  whatever  else  she  may  be), 
called  the  (insert  here  the  vessel's  name),  whereof  the  said 
(naming  the  master)  is  master,  burden  (insert  here  the 
number  of  tons,  in  words)  tons,  as  appears  by  her  enroll- 
ment, dated  at  (naming  the  district,  day,  month  and  year, 
in  words  at  length,  but  if  she  be  less  than  twenty  tons,  in- 
sert, instead  thereof,  '  proof  being  had  of  her  admeasure- 
ment') shall  not  be  employed  in  any  trade,  while  this 
license  shall  continue  in  force,  whereby  the  revenue  of  the 
United  States  shall  be  defrauded,  and  having  also  sworn 
(or  affirmed)  that  this  license  shall  not  be  used  for  any 
other  vessel,  or  for  any  other  employment,  than  is  herein 
specified,  license  is  hereby  granted  for  the  said  (inserting 
here  the  description  of  the  vessel)  called  the  (inserting 
here  the  vessel's  name,)  to  be  employed  in  carrying  on  the 
(inserting  here  'coasting-trade,'  'whale-fishery,'  'mack- 
erel-fishery,' or  '  cod-fishery,'  as  the  case  may  be) ,  for  one 
year  from  the  date  hereof,  and  no  longer.  Given  under 
my  hand  and  seal  at  (naming  the  said  district),  this  (in- 
serting the  particular  day),  day  of  (naming  the  month): 


Jan.   16,  1895. 


48  NAVIGATION"   LAWS   OF    THE   UNITED   STATES. 

in  the  year  (specifying  the  number  of  the  year  in  words 
at  length)."    [Bonds  abolished  Jan.  16,  1895.] 

r.  s.,  4333.  The  collector  of  each  district  shall  progressively  number 
the  licenses  by  him  "granted,  beginning  anew  at  the  com- 
mencement of  each  year,  and  shall  make  a  record  thereof 
in  a  book,  to  be  by  him  kept  for  that  purpose,  and  shall, 

jui.v  5,  1884.  once  in  three  months,  transmit  to  the  Commissioner  of 
Navigation  copies  of  the  licenses  which  shall  have  been  so 
granted  by  him;  and  also  of  such  licenses  as  shall  have 
been  given  up  or  returned  to  him,  respectively,  in  pur- 
suance of  this  Title  [R.  S.,  4311-4390].  Whenever  any 
vessel  is  licensed  or  enrolled  anew,  or  being  licensed  or 
enrolled  is  afterward  registered,  or  being  registered  is 
afterward  enrolled  or  licensed,  she  shall,  in  every  such 
case,  be  enrolled,  licensed,  or  registered  by  her  former 
name. 

54.  Duration  of  license. 

r.  s.,  4324.  No  license,  granted  to  any  vessel,  shall  be  considered  in 

force  any  longer  than  such  vessel  is  owned,  and  of  the 
description  set  forth  in  such  license,  or  for  carrying  on 
any  other  business  or  employment  than  that  for  which 
she  is  specially  licensed. 

55.  Surrender  of  license. 

r.  s.,  4325.  The  license  granted  to  any  vessel  shall  be  presented 

iec.'224'  19°6'  f°r  renewal  by  endorsement  to  the  collector  of  customs  of 
the  district  in  which  the  vessel  then  may  be  within  three 
days  after  the  expiration  of  the  time  for  which  it  was 
granted,  or,  if  she  be  absent  at  that  time,  within  three 
days  from  her  first  arrival  within  a  district.  In  case  of 
change  of  build,  ownership,  district,  trade,  or  arrival 
under  temporary  papers  in  the  district  where  she  belongs 
the  license  shall  be  surendered.  If  the  master  shall  fail 
to  deliver  the  license  he  shall  be  liable  to  a  penalty  of  ten 
dollars,  which  shall  not  be  mitigated. 

sec.  3.  This  Act  shall  not  be  construed  to  amend  any  law  now 

in  force  concerning  the  compensation  of  officers  of  the 
customs  for  service  connected  with  the  enrollment  and 
license  of  vessels. 

r  s.,  4326.  If  such  license,  however,  shall  have  been  previously 

given  up  to  the  collector  of  anv  other  district,  as  author- 
ized by  this  Title  [R.  S.,  431*1-4390],  and  a  certificate 
thereof  under  the  hand  of  such  collector  be  produced  by 
such  master,  or  if  such  license  be  lost,  or  destroyed,  or 
unintentionally  mislaid  so  that  it  cannot  be  found,  and 
the  master  of  such  vessel  shall  make  and  subscribe  an  oath 
that  such  license  is  lost,  destroyed,  or  unintentionally  mis- 
laid, as  he  verily  believes,  and  that  the  same,  if  found, 
shall  be  delivered  up,  as  is  herein  required,  then  the  pen- 
alty prescribed  in  the  preceding  section  shall  not  be  in- 
curred. If  such  license  shall  be  lost,  destroyed,  or  unin- 
tentionally mislaid,  before  the  expiration  of  the  time  for 
which  it  was  granted,  upon  the  like  oath  being  made  and 


PART  III. DOCUMENTS   OF   VESSELS.  49 

subscribed  by  the  master  of  such  vessel,  the  collector, 
upon  application  being  made  therefor,  shall  license  such 
vessel  anew. 

The  owner  of  any  licensed  vessel  may  return  such  B.s.,4327. 
license  to  the  collector  who  granted  the  same,  at  any  time 
within  the  year  for  which  it  was  granted ;  and  thereupon 
the  collector  shall  cancel  the  same,  and  shall  license  such 
vessel  anew,  upon  the  application  of  the  owner,  and  upon 
the  conditions  hereinbefore  required  being  complied  with. 

56.  Enrollment  and  license  to  corporations. 

Enrollments  and  licenses  for  vessels  owned  by  any  in-  k«-4313- 
corporated  company  may  be  issued  in  the  name  of  the 
president  or  secretary  of  such  company ;  and  such  enroll- 
ments or  licenses  shall  not  be  vacated  or  affected  by  any 
sale  of  shares  of  stock  in  such  company. 

Previous  to  granting  enrollment  and  license  for  any  J^.4314^ 
vessel  owned  by  any  incorporated  company,  or  by  an  indi- 
vidual or  individuals,  the  president  or  secretary  of  such 
company,  or  any  other  officer  or  agent  thereof,  duly  au- 
thorized by  said  company  in  writing,  attested  by  the  cor- 
porate seal  thereof,  to  act  in  its  behalf,  or  the  managing 
owner,  or  his  agent  duly  authorized  by  power  of  attorney, 
when  such  vessel  is  owned  by  an  individual  or  individuals, 
shall  swear  to  the  ownership  of  such  vessel  without  desig- 
nating the  names  of  the  persons  composing  such  company, 
when'such  vessel  is  owned  by  a  corporation,  which  oath 
shall  be  deemed  sufficient  without  requiring  the  oath  of 
any  other  person  interested  or  concerned  in  such  vessel. 

Upon  the  death,  removal,  or  resignation  of  the  presi-  R-  s-  4315- 
dent  or  secretary  of  any  incorporated  company  owning 
any  steamboat  or  vessel,  a  new  enrollment  and  license 
shall  be  taken  out  for  such  steamboat  or  vessel. 

57.  Change  of  owner  of  enrolled  vessel. 

Whenever  it  appears,  by  satisfactory  proof,  to  the  Com-  ?uiy"54i884 
missioner  of  Navigation  that  any  vessel  has  been  sold  and 
transferred  by  process  of  law,  and  that  the  certificate  of 
enrollment  or  license  of  such  vessel  is  retained  by  the  for- 
mer owner,  the  Commissioner  may  direct  the  collector  of 
the  district  to  which  such  vessel  belongs  to  grant  a  new 
certificate  of  enrollment  or  license,  on  the  owner's,  under 
such  sale,  complying  with  such  terms  and  conditions  as 
are  by  law  required  for  granting  of  such  papers,  except- 
ing only  the  delivering  up  of  the  former  certificate  of  en- 
rollment or  license.  But  nothing  in  this  section  shall  be 
construed  to  remove  the  liability  of  any  person  to  any 
penalty  for  not  surrendering  up  the  papers  belonging  to 
any  vessel,  on  a  transfer  or  sale  of  the  same. 

58.  Chang?  of  master  of  licensed  vessel. 

Whenever  the  master  of  any  licensed  vessel,  ferry-boats  R-  s- 4335- 
excepted,  is  changed,  the  new  master,  or,  in  case  of  his 

143562°— 19 4 


50  NAVIGATION    LAWS   OF    THE   UNITED   STATES. 

absence,  the  owner  or  one  of  the  owners  thereof,  shall 
report  such  change  to  the  collector  residing  at  the  port 
where  the  same  happens,  if  there  be  one ;  otherwise,  to  the 
collector  residing  at  any  port  where  such  vessel  next 
arrives,  who,  upon  the  oath  of  such  new  master,  or,  in  case 
of  his  absence,  of  the  owner,  that  such  master  is  a  citizen 
of  the  United  States,  and  that  such  vessel  shall  not,  while 
such  license  continues  in  force,  be  employed  in  any  man- 
ner whereby  the  revenue  of  the  United  States  may  be  de- 
frauded, shall  indorse  such  change  on  the  license,  with  the 
name  of  the  new  master.  Whenever  such  change  is  not 
reported,  and  indorsed,  as  herein  required,  such  vessel,  if 
found  carrying  on  the  coasting-trade  or  fisheries,  shall  be 
subject  to  pay  the  same  fees  and  tonnage  as  a  vessel  of  the 
United  States  having  a  register,  and  the  new  master  shall 
be  liable  to  a  penalty  of  ten  dollars. 
59;  Certification  by  customs  officer. 
r.  s.,  4332.  In  every  case  where  the  collector  is  by  this  Title  [R.  S., 

4311-4390]  directed  to  grant  any  enrollment,  license,  cer- 
tificate, permit  or  other  document,  the  naval  officer  resid- 
ing at  the  port,  if  there  be  one,  shall  sign  the  same ;  and 
every  surveyor  who  certifies  a  manifest,  or  grants  any 
permit  or  who  receives  any  certified  manifest,  or  any 
permit,  as  is  provided  for  in  this  Title,  shall  make  return 
thereof,  monthly,  or  sooner,  if  it  can  conveniently  be 
made,  to  the  collector  of  the  district  where  such  surveyor 
resides. 

60.  Enrollment  outside  of  district. 

r.  s.,  4328.  Whenever  it  becomes  necessary  for  the  owner  of  any 

vessel  of  the  United  States  navigating  the  waters  of  the 

Apr.  it,  1874.  United  States,  and  being  in  a  district  other  than  that  to 
which  such  vessel  belongs,  to  procure  her  enrollment  and 
license,  or  license,  or  renewal  thereof,  the  same  proceed- 
ings may  be  had  in  the  district  in  which  the  vessel  then  is 
as  are  required  by  law  on  application  for  such  enrollment 
and  license,  or  license,  or  renewal  thereof,  as  the  case  may 
be,  in  the  district  to  which  such  vessel  belongs,  excepting 

Jan.  16,  1895.  ^]ie  enrollment  and  issuance  of  license ;  and  the  officer  be- 
fore whom  such  proceeding  is  had  shall  certify  the  same 
to  the  collector  of  the  district  to  which  such  vessel  be- 
longs, who  shall  thereupon  duly  enroll  the  vessel  and 
issue  license  in  the  same  form  as  if  the  application  had 
originally  been  made  in  this  office;  and  shall  either  de- 
liver the  license  to  the  owner,  or  forward  it  by  mail  to  the 
officer  who  certified  to  him  the  preliminary  proceedings ; 
and  in  the  latter  case,  such  officer  shall  deliver  the  license 
to  the  owner  or  master  of  the  vessel. 

61.  Special  provisions  for  enrollment  and  license. 

r.  s.,  4340.  The  assistant  collector  at  Jersey  City  may  enroll  and 

license  all  vessels  engaged  in  the  coasting-trade  and  fish- 
eries, owned  in  whole  or  in  part  by  residents  of  the  coun- 
ties of  Hudson  and  Bergen,  in  the  State  of  New  Jersey. 


PART  III. DOCUMENTS   OF   VESSELS.  51 

The  assistant  collector  for  the  port  of  Camden,  in  New  R.s.,4341. 
Jersey,  may  enroll  and  license  all  vessels  engaged  in  the 
coasting-trade  and  fisheries,  owned  in  whole  or  in  part 
by  residents  of  that  portion  of  the  Bridgeton  district 
lying  north  of  Alloway's  Creek,  in  the  county  of  Salem, 
in  the  State  of  New  Jersey. 

The  owners  of  vessels  residing  on  New  River,  in  Onslow  R-  s.,  4342. 
County,  in  the  State  of  North  Carolina,  shall  have  the 
privilege  of  taking  out  registers  or  enrollments  and 
licenses  at  Wilmington,  in  that  State,  and  the  collector 
of  that  district  may  grant  the  same  on  the  conditions 
required  by  law. 

The  deputy  collector  who  may  be  appointed  to  reside  R-  s-> 4343- 
at  Chesapeake  City,  in  Maryland,  shall  have  power  to 
grant  enrollments  and  licenses  to  vessels. 

The  Secretary  of  Commerce  may  authorize  the  sur-  peb.'*i4?4i903. 
veyor  of  any  port  of  delivery,  under  such  regulations  as  sec.  10. 
he  shall  deem  necessary,  to  enroll  and  license  vessels  to 
be  employed  in  the  coasting-trade  and  fisheries,  in  like 
manner  as  collectors  of  ports  of  entry  are  authorized 

The  surveyors  appointed  for  the  ports  of  Cold  Spring,  R-  s-  4345- 
on  the  north  side  of  Long  Island,  Greenport  and  Port 
Jefferson,  all  in  the  State  of  New  York,  shall  have  power 
to  enroll  and  license  vessels  to  be  employed  in  the  coasting 
trade  and  fisheries,  and  to  enter  and  clear,  and  grant  reg- 
isters and  other  usual  papers  to  vessels  employed  in  the 
whale-fisheries,  under  such  restrictions  and  regulations  as  |^-  J4,;  1903- 
the  Secretary  of  Commerce  may  deem  necessary.  ^  g  4346 

Any  surveyor  who  shall  perform  the  duties  directed  to    '   " 
be  performed  by  the  two  preceding  sections  shall  be  en- 
titled to  receive  the  same  commissions  and  fees  as  are 
allowed  by  law  to  collectors,  for  performing  the  same 
duties. 

62.  Inspection  of  enrollment  and  license. 

Any  officer  concerned  in  the  collection  of  the  revenue  R-  s-> 4336- 
may  at  all  times  inspect  the  enrollment  or  license  of  any 
vessel ;  and  if  the  master  of  any  such  vessel  shall  not  ex- 
hibit the  same,  when  required  by  such  officer,  he  shall  be 
liable  to  a  penalty  of  one  hundred  dollars. 

63.  Record  of  American-built  vessels  owned  by  aliens. 

Every  vessel  built  in  the  United  States,  and  belonging  R-  s->  418°- 
wholly  or  in  part  to  the  subjects  of  foreign  powers,  in 
order  to  be  entitled  to  the  benefits  of  a  ship  built  and  re- 
corded in  the  United  States,  shall  be  recorded  in  the  office 
of  the  collector  of  the  district  in  which  such  vessel  was 
built,  in  the  manner  following :  The  builder  of  every  such 
vessel  shall  make  oath  before  the  collector  of  such  district 
in  manner  following:  "I,  (inserting  here  the  name  of 
such  builder),  of  (inserting  here  the  place  of  his  resi- 
dence), shipwright,  do  swear  (or  affirm)  that  (describing 


52  NAVIGATION    LAWS   OF    THE    UNITED    STATES. 

here  the  kind  of  vessel,  as  whether  ship,  brig,  snow, 
schooner,  sloop,  or  whatever  else)  named  (inserting  here 
the  name  of  the  ship  or  vessel),  having  (inserting  here  the 
number  of  decks),  and  being  in  length  (inserting  here  the 
number  of  feet),  in  breadth  (inserting  here  the  number 
of  feet),  in  depth  (inserting  here  the  number  of  feet), 
and  measuring  (inserting  here  the  number  of  tons),  hav- 
ing (specifying  whether  any  or  no)  gallery,  and  (also 
specifying  whether  any  or  no)  head,  was  built  by  me  or 
under  my  direction  at  (naming  the  place,  county,  and 
State),  in  the  United  States,  in  the  year  (inserting  here 
the  number  of  the  year)."  Which  oath  shall  be  sub- 
scribed by  the  person  making  the  same,  and  shall  be 
recorded  in  a  book  to  be  kept  by  the  collector  for  that 
purpose. 

r.  s.,  4i8i.  The  collector  shall  cause  the  vessel  so  built  to  be  sur- 

veyed or  measured,  and  the  person  by  whom  such  measure- 
ment is  made  shall  grant  a  certificate  thereof,  as  in  the 
case  of  a  vessel  to  be  registered,  which  certificate  shall  be 
countersigned  by  the  builder,  and  by  an  owner  or  the 
master  or  person  having  the  command  or  charge  thereof, 
or  by  some  other  person  being  an  agent  for  the  owner 
thereof,  in  testimony  of  the  truth  of  the  particulars 
therein  contained. 

r.  s.,  4182.  A  certificate  of  the  record,  attested  under  the  hand  and 

seal  of  the  collector,  shall  be  granted  to  the  master  of 
every  such  vessel,  as  nearly  as  may  be,  of  the  form  fol- 
lowing: "In  pursuance  of  chapter  one,  Title  XLVIII 
[R.  S., 4131-4305], "Regulation  of  Commerce  and  Navi- 
gation," of  the  Revised  Statutes  of  the  United  States,  I, 
(inserting  here  the  name  of  the  collector  of  the  district), 
of  (inserting  here  the  name  of  the  district) ,  in  the  United 
States,  do  certify  that  (inserting  here  the  name  of  the 
builder),  of  (inserting  here  the  place  of  his  resident, 
county,  and  State),  having  sworn  (or  affirmed)  that  the 
(describing  the  ship  or  vessel,  as  in  the  certificate  of 
record)  named  (inserting  here  her  name),  whereof  (in- 
serting here  the  name  of  the  master)  is,  at  present,  master, 
was  built  at  (inserting  here  the  name  of  the  place,  county, 
and  State  where  built),  by  him  or  under  his  direction,  in 
the  year  (inserting  here  the  number  of  the  year)  ;  and 
(inserting  here  the  name  of  the  surveyor,  or  other  per- 
son, by  whom  the  measurement  shall  have  been  made) 
having  certified  that  the  said  ship  or  vessel  has  (insert- 
ing here  her  number  of  decks),  is  in  length  (insert- 
ing here  the  number  of  feet),  in  breadth  (inserting  here 
the  number  of  feet),  in  depth  (inserting  here  the  num- 
ber of  feet),  and  measures  (inserting  here  the  num- 
ber of  tons)  :  And  the  said  builder  and  (naming  and 
describing  the  owner,  or  master,  or  agent  for  the  owner 
or  owners,  as  the  case  may  be,  by  whom  the  said  cer- 
tificate shall  have  been  countersigned)  having  agreed 
to  the  said   description  and   admeasurement,  the  said 


PART  III. — DOCUMENTS   OF   VESSELS.  53 

vessel  has  been  recorded,  in  the  district  of  (inserting 
here  the  name  of  the  district  where  recorded),  in  the 
United  States.  Witness  my  hand  and  seal  this  (inserting 
here  the  day  of  the  month)  day  of  (inserting  here  the 
name  of  the  month),  in  the  year  (inserting  here  the 
number  of  the  year)."  Which  certificate  shall  be  re- 
corded in  the  office  of  the  collector,  and  a  duplicate  thereof  -Tllly  5-  1884- 
transmitted  to  the  Commissioner  of  Navigation  to  be  re- 
corded in  his  office. 

Whenever  the  master  or  the  name  of  a  vessel  so  recorded  R-  s-  4183- 
is  changed,  the  owner,  part  owner,  or  consignee  of  such 
vessel  shall  cause  a  memorandum  thereof  to  be  indorsed 
on  the  certificate  of  the  record,  by  the  collector  of  the  dis- 
trict where  such  vessel  may  be,  or  at  which  she  shall  first 
arrive  if  such  change  took  place  in  a  foreign  country ;  and 
a  copy  thereof  shall  be  entered  in  the  book  of  records,  a 
transcript  whereof  shall  be  transmitted  by  the  collector  to 
the  collector  of  the  district  where  such  certificate  was 
granted,  if  not  the  same  person,  who  shall  enter  the  same 
in  his  book  of  records,  and  forward  a  duplicate  of  such  July  5>  1884' 
entry  to  the  Commissioner  of  Navigation;  and  in  such 
case,  until  the  owner,  part  owner,  or  consignee  shall  cause 
the  memorandum  to  be  made  by  the  collector,  in  the  man- 
ner above  prescribed,  such  vessel  shall  not  be  deemed  a 
vessel  recorded,  in  pursuance  of  this  Title  [R.  S.,  4131- 
4305]. 

The  master  or  other  person  having  the  command  or  R-  s> 4184- 
charge  of  any  vessel,  recorded  in  pursuance  of  this  Title 
|"R.  S.,  4131-4305],  shall,  on  entry  of  such  vessel,  produce 
the  certificate  of  such  record  to  the  collector  of  the  dis- 
trict where  she  is  so  entered;  and  in  default  thereof  the 
vessel  shall  not  be  entitled  to  the  privileges  of  a  recorded 
vessel. 
64.  Offenses  against  the  registry  law. 

Every  collector  or  officer  who  knowingly  makes,  or  is  R-  s-  4187- 
concerned  in  making,  any  false  register  or  record,  or  who 
knowingly  grants  or  is  concerned  in  granting,  any  false 
certificate  of  registry  or  record  of  or  for  any  vessel,  or  any 
other  false  document  whatever  touching  the  same,  con- 
trary to  the  true  intent  and  meaning  of  this  Title  [R.  S., 
4131-4305],  or  who  designedly  takes  any  other  or  greater 
fees  than  are  by  this  Title  allowed,  or  who  receives  any 
voluntary  reward  or  gratuity  for  any  of  the  services  per- 
formed, pursuant  thereto;  and  every  surveyor  or  other 
person  appointed  to  measure  any  vessel,  who  willfully 
delivers  to  any  collector  or  naval  officer  a  false  description 
of  such  vessel,  to  be  registered  or  recorded,  shall  be  pun- 
ishable by  a  fine  of  one  thousand  dollars,  and  be  rendered 
incapable  of  serving  in  any  office  of  trust  or  profit  under 
the  United  States. 

If  any  person  authorized  and  required  by  this  Title  R"  S-'  4188" 
[R.  S.,  4131-4305]  to  perforin,  as  an  officer,  any  act  or 


54 


NAVIGATION   LAWS   OP   THE   UNITED   STATES. 


R.  S.,  41S0. 


R.  S.,  4101. 


R.  S.,  4373. 


thing,  willfully  neglects  to  do  or  perform  the  same,  ac- 
cording to  the  true  intent  and  meaning  of  this  Title,  he 
shall,  if  not  subject  to  the  penalty  and  disqualification 
prescribed  in  the  preceding  section,  be  punishable  by  a 
fine  of  five  hundred  dollars  for  the  first  offense,  and  by  a 
like  fine  for  the  second  offense,  and  shall  thenceforth  be 
rendered  incapable  of  holding  any  office  of  trust  or  profit 
under  the  United  States. 

Whenever  any  certificate  of  registry,  enrollment,  or 
license,  or  other  record  or  document  granted  in  lieu 
thereof,  to  any  vessel,  is  knowingly  and  fraudulently  ob- 
tained or  used  for  any  vessel  not'  entitled  to  the  benefit 
thereof,  such  vessel,  with  her  tackle,  apparel,  and  furni- 
ture, shall  be  liable  to  forfeiture. 

No  sea-letter  or  other  document  certifying  or  proving 
any  vessel  to  be  the  property  of  a  citizen  of  the  United 
States  shall  be  issued,  except  to  vessels  duly  registered,  or 
enrolled  and  licensed  as  vessels  of  the  United  States,  or  to 
vessels  which  shall  be  wholly  owned  by  citizens  of  the 
United  States,  and  furnished  with  or  entitled  to  sea-letters 
or  other  custom-house  documents. 

Every  person  who  knowingly  makes,  utters,  or  pub- 
lishes any  false  sea-letter,  Mediterranean  passport,  or  cer- 
tificate of  registry,  or  who  knowingly  avails  himself  of 
any  such  Mediterranean  passport,  sea-letter,  or  certificate 
of  registry,  shall  be  liable  to  a  penalty  of  not  more  than 
five  thousand  dollars,  and,  if  an  officer  of  the  United 
States,  shall  thenceforth  be  incapable  of  holding  any  office 
of  trust  or  profit  under  the  authority  of  the  United  States. 
65.  Offenses  against  enrollment  and  license  laws. 

Every  collector,  who  knowingly  makes  any  record  of 
enrollment  or  license  of  any  vessel,  and  every  other  officer, 
or  person,  appointed  by  or  under  them,  who  makes  any 
record,  or  grants  any  certificate  or  other  document  what- 
ever, contrary  to  the  true  intent  and  meaning  of  this  Title 
[R.  S.,  4311-1390],  or  takes  any  other  or  greater  fees 
than  are  by  this  Title  allowed,  or  receives  for  any  service 
performed  pursuant  to  this  Title,  any  reward  or  gratuity, 
and  every  surveyor,  or  other  person  appointed  to  measure 
vessels,  who  willfully  delivers  to  any  collector  or  naval 
officer  a  false  description  of  any  vessel,  to  be  enrolled  or 
licensed,  in  pursuance  of  this  Title,  shall  be  liable  to  a 
penalty  of  five  hundred  dollars,  and  be  rendered  incapable 
of  serving  in  any  office  of  trust  or  profit  under  the  United 
States. 

Every  person,  authorized  and  required  by  this  Title 
[R.  S.,  4311-4390]  to  perform  any  act  or  thing  as  an 
officer,  who  willfully  neglects  or  refuses  to  do  and  per- 
form the  same,  according  to  the  true  intent  and  meaning 
of  this  Title,  shall,  if  not  subject  to  the  penalty  and  dis- 
qualifications prescribed  in  the  preceding  section,  be  liable 
to  a  penalty  of  five  hundred  dollars  for  the  first  offense, 


PART  III. DOCUMENTS   OF   VESSELS.  55 

and  of  a  like  sum  for  the  second  offense,  and  shall,  after 
conviction  for  the  second  offense,  be  rendered  incapable 
of  holding-  any  office  of  trust  or  profit  under  the  United 
States. 

Every  person  who  forges,  counterfeits,  erases,  alters,  or  R.  s.,  4375. 
falsifies  any  enrollment,  license,  certificate,  permit,  or 
other  document,  mentioned  or  required  in  this  Title 
[R.  S.,  4311-4390],  to  be  granted  by  any  officer  of  the 
revenue,  such  person,  so  offending,  shall  be  liable  to  a  pen- 
alty of  five  hundred  dollars. 

Every  person  who  assaults,  resists,  obstructs,  or  hinders 
any  officer  in  the  execution  of  any  act  or  law  relating  to 
the  enrollment,  registry,  or  licensing  of  vessels,  or  of  this 
Title  [R.  S.,  4311-4390],  or  of  any  of  the  powers  or 
authorities  vested  in  him  by  any  such  act  or  law,  shall, 
for  every  such  offense,  for  which  no  other  penalty  is  par- 
ticularly provided,  be  liable  to  a  penalty  of  five  hundred 
dollars. 


R.  S.,  4376. 


Part  IV.— OFFICERS  OF  MERCHANT  VESSELS, 


66.  Citizenship  of  officers. 

67.  Duration  of  licenses. 

68.  Service  during  war. 

69.  Officer's  license. 

70.  Master's  license. 

71.  Mate's  license. 


72.  Engineer's  license. 

73.  Pilot's  license. 

74.  Master  or  mate  acting  as  pilot. 

75.  Oath  of  officer. 

76.  Removal  of  master. 


66.  Citizenship  of  officers. 

r.  a.,  4131.  A11  the  0fficers  0f  vessels  of  the  United  States  who  shall 

have  charge  of  a  watch,  including  pilots,  shall  in  all  cases 
be  citizens  of  the  United  States.  [Metlakahtla  Indians 
excepted  by  act,  March  4,  1907.] 

May  28, 1896.  The  word  "  officers  "  shall  include  the  chief  engineer 
and  each  assistant  engineer  in  charge  of  a  watch  on  vessels 
propelled  wholly  or  in  part  by  steam ;  and  after  the  first 
day  of  January,  eighteen  hundred  and  ninety-seven,  no 
person  shall  be  qualified  to  hold  a  license  as  a  commander 
or  watch  officer  of  a  merchant  vessel  of  the  United  States 
who  is  not  a  native-born  citizen,  or  whose  naturalization 
as  a  citizen  shall  not  have  been  fully  completed. 

In  cases  where  on  a  foreign  voyage,  or  on  a  voyage 
from  an  Atlantic  to  a  Pacific  port  of  the  United  States, 
any  such  vessel  is  for  any  reason  deprived  of  the  services 
of  an  officer  below  the  grade  of  master,  his  place,  or  a 
vacancy  caused  by  the  promotion  of  another  officer  to 
such  place,  may  be  supplied  by  a  person  not  a  citizen  of 
the  United  States  until  the  first  return  of  such  vessel  to 
its  home  port ;  and  such  vessel  shall  not  be  liable  to  any 
penalty  or  penal  tax  for  such  employment  of  an  alien 
officer. 

s"cg-21S'  1914- .  The  President  of  the  United  States  is  hereby  author- 
ized, whenever  in  his  discretion  the  needs  of  foreign  com- 
merce may  require,  to  suspend  by  order,  so  far  and  for 
such  length  of  time  as  he  may  deem  desirable,  the  pro- 
visions of  law  prescribing  that  all  the  watch  officers  of 
vessels  of  the  United  States  registered  for  foreign  trade 
shall  be  citizens  of  the  United  States. 


June  20,  1SX4 
Sec.  1. 


May  2s.  IS! Ml 
Sec.  3. 


Executive  or- 
der, Sept.  4, 
1914. 


56 


The  provisions  of  law  prescribing  that  the  watch  offi- 
cers of  vessels  of  the  United  States  registered  for  foreign 
trade  shall  be  citizens  of  the  United  States  are  hereby 
suspended  so  far  and  for  such  length  of  time  as  is  herein 
provided,  namely :  All  foreign-built  ships  which  shall  be 
admitted  to  United  States  registry  under  said  act  may 


Executive     or- 

y    3, 


PART   IV. OFFICERS   OF    MERCHANT   VESSELS.  57 

retain  the  watch  officers  employed  thereon,  without  re- 
gard to  citizenship,  for  seven  years  from  this  date,  and 
such  watch  officers  shall  be  eligible  for  promotion.  Any 
vacancy  occurring  among  such  watch  officers  within  two 
years  from  this  date  may  be  filled  without  regard  to 
citizenship'';  but  any  vacancy  which  may  occur  thereafter 
shall  be  filled  by  a  watch  officer  who  is  a  citizen  of  the 
United  States.     *     *     * 

The    provisions   of   law    prescribing   that   the   watch  de* 
officers  of  vessels  of  the  United  States  registered  for  the  i9i? 
foreign  trade  shall  be  citizens  of  the  United  States,  are 
hereby  suspended  so  far  and  for  such  length  of  time  as 
is  herein  provided,  namely — 

All  citizens  or  subjects  of  nations  which  are  or  which 
may  hereafter  be  engaged  in  the  present  war  against 
the  Imperial  German  Government  or  any  of  its  allies, 
and  all  such  citizens  or  subjects  of  neutral  nations  as 
shall  satisfy  the  Secretary  of  Commerce  that  their  atti- 
tude toward  the  purposes  of  the  United  States  in  the  war 
it  is  now  waging  is  not  detrimental  to  the  successful 
prosecution  of  the  Avar,  may,  for  the  duration  of  the  war 
be  permitted  to  act  as  watch  officers  of  vessels  of  the 
United  States  registered  for  the  foreign  trade,  if  other- 
wise qualified:  Provided,  That  if  it  shall  appear  to  the 
satisfaction  of  the  Secretary  of  Commerce  that  any  such 
citizen  or  subject,  whether  of  a  belligerent  or  neutral  na- 
tion, has  committed  any  act  inimical  to  the  United  States 
in  the  conduct  of  the  war,  the  said  Secretary  may,  in 
each  such  case,  withdraw  the  exemption  provided  for 
herein,  and  such  exemption  shall  not  again  apply  to 
any  such  alien  citizen  or  subject.  And  the  Secretary  of 
Commerce  is  hereby  authorized  to  prescribe  such  rules 
and  regulations  as  may  be  necessary  to  carry  this  order 
into  effect. 

67.   Duration  of  licenses. 

All  licenses  issued  to  such  officers  shall  be  for  a  term  May  28,  1896. 
of  five  years,  but  the  holder  of  a  license  may  have  the  Oct'.  22,  1914. 
same  renewed  for  another  five  years  in  the  manner  pre- 
scribed in  the  rules  and  regulations  of  the  Board  of  Su- 
pervising Inspectors :  Provided,  however,  That  any  officer 
holding  a  license,  and  who  is  engaged  in  a  service  which 
necessitates  his  continuous  absence  from  the  United 
States,  may  make  application  in  writing  for  renewal  and 
transmit  the  same  to  the  board  of  local  inspectors,  with 
his  certificate  of  citizenship,  if  naturalized,  and  a  state- 
ment of  the  applicant,  verified  before  a  consul  or  other 
officer  of  the  United  States  authorized  to  administer  an 
oath,  setting  forth  the  reasons  for  not  appearing  in  per- 
son; and  upon  receiving  the  same  the  board  of  local  in- 
spectors that  originally  issued  such  license  shall  renew  the 
same  and  shall  notify  the  applicant  of  such  renewal :  Pro- 
vided further,  That  no  license  as  master,  mate,  or  pilot  of 


58  NAVIGATION   LAWS  OF  THE   UNITED  STATES. 

any  class  of  vessel  shall  be  renewed  without  furnishing  a 
satisfactory  certificate  of  examination  as  to  color  blind- 
ness. And  in  all  cases  where  the  issue  is  the  suspension 
or  revocation  of  such  licenses,  whether  before  the  local 
boards  of  inspectors  (of  steam  vessels),  as  provided  for  in 
section  forty-four  hundred  and  fifty  of  the  Revised  Stat- 
utes, or  before  the  supervising  inspector,  as  provided  for 
in  section  forty-four  hundred  and  fifty-two  of  the  Re- 
vised Statutes,  the  accused  shall  be  allowed  to  appear  by 
counsel  and  to  testify  in  his  own  behalf. 

68.  Service  during  war. 

May  28,  1896.  jj0  master  mate,  pilot,  or  engineer  of  steam  vessels 
licensed  under  title  fifty-two  [R,  S.,  4399-4500]  of  the  Re- 
vised Statutes  shall  be  liable  to  draft  in  time  of  war,  ex- 
cept for  the  performance  of  duties  such  as  required  by  his 
license ;  and,  while  performing  such  duties  in  the  service 
of  the  United  States,  every  such  master,  mate,  pilot,  or 
engineer  shall  be  entitled  to  the  highest  rate  of  wages 
paid  in  the  merchant  marine  of  the  United  States  for 
similar  services;  and,  if  killed  or  wounded  while  per- 
forming such  duties  under  the  United  States,  they,  or 
their  heirs,  or  their  legal  representatives  shall  be  entitled 
to  all  the  privileges  accorded  to  soldiers  and  sailors  serv- 
ing in  the  Army  and  Navy,  under  the  pension  laws  of 
the  United  States. 

69.  Officer's  license. 

DecS'2i44i898  The  boards  of  local  inspectors  shall  license  and  classify 
janl  25',  1907.  the  masters,  chief  mates,  and  second  and  third  mates,  if 
sec.  I8,  1908'  in  charge  of  a  watch,  engineers,  and  pilots  of  all  steam 
vessels,  and  the  masters  of  sail  vessels  of  over  seven  hun- 
dred gross  tons,  and  all  other  vessels  of  over  one  hundred 
gross  tons  carrying  passengers  for  hire.  It  shall  be  un- 
lawful to  employ  any  person,  or  for  any  person  to  serve, 
as  a  master,  chief  mate,  engineer,  or  pilot  of  any  steamer 
or  as  master  of  any  sail  vessel  of  over  seven  hundred  gross 
tons,  or  of  any  other  vessel  of  over  one  hundred  gross 
tons  carrying  passengers  for  hire,  who  is  not  licensed  by 
the  inspectors ;  and  anyone  violating  this  section  shall  be 
liable  to  a  penaltv  of  one  hundred  dollars  for  each 
offense.  [See  act  June  9,  1910,  p.  350. 
FebS"i944i907  Every  master,  mate,  engineer,  and  pilot  who  shall 
'  receive  a  license  shall,  when  employed  upon  any  vessel, 
within  forty-eight  hours  after  going  on  duty,  place  his 
certificate  of  license,  which  shall  be  framed  under  glass, 
in  some  conspicuous  place  in  such  vessel,  where  it  can  be 
seen  by  passengers  and  others  at  all  times :  Provided,  That 
in  case  of  emergency  such  officer  may  be  transferred  to 
another  vessel  of  the  same  owners  for  a  period  not  exceed- 
ing forty-eight  hours  without  the  transfer  of  his  license  to 
such  other  vessel ;  and  for  every  neglect  to  comply  with 
this  provision  by  any  such  master,  mate,  engineer,  or 


4439. 
Dec.  21,  1898. 


PART   IV. — OFFICERS   OF    .MERCHANT   VESSELS.  59 

pilot,  he  shall  be  subject  to  a  fine  of  one  hundred  dollars, 
or  to  the  revocation  of  his  license.  [See  act  June  9, 
1910,  p.  350.] 

70.  Master's  license. 

Whenever  any  person  applies  to  be  licensed  as  mastei 
of  any  steam  vessel,  or  of  a  sail  vessel  of  over  seven  hun-  sec.  2. 
dred  tons,  the  inspectors  shall  make  diligent  inquiry  as  to 
his  character,  and  shall  carefully  examine  the  applicant 
as  well  as  the  proofs  which  he  presents  in  support  of  his 
claim,  and  if  they  are  satisfied  that  his  capacity,  experi- 
ence, habits  of  life,  and  character  are  such  as  warrant  the 
belief  that  he  can  safely  be  intrusted  with  the  duties  and 
responsibilities  of  the  station  for  which  he  makes  applica- 
tion, they  shall  grant  him  a  license  authorizing  him  to 
discharge  such  duties  on  any  such  vessel  for  the  term  of 
five  years ;  but  such  license  shall  be  suspended  or  revoked 
upon  satisfactory  proof  of  bad  conduct,  intemperate  hab- 
its, incapacitv,  inattention  to  his  duties,  or  the  willful 
violation  of  any  provision  of  this  title  [R.  S.,  4399-1500] 
applicable  to  him.    [See  act  June  9,  1910,  p.  350.] 


71.  Mate's  license. 


Whenever  any  person  applies  for  authority  to  be  em-  Dec.  "21, 
ployed  as  chief  mate  cf  ocean  or  coastwise  steam  vessels  or  sec.  3. 
of  sail  vessels  of  over  seven  hundred  tons,  or  as  second  or 
third  mate  of  ocean  or  coastwise  steam  vessels,  who  shall 
have  charge  of  a  watch,  or  whenever  any  person  applies 
for  authority  to  be  employed  as  mate  of  river  steamers, 
the  inspectors  shall  require  satisfactory  evidence  of  the 
knowledge,  experience,  and  skill  of  the  applicant  in  lad- 
ing cargo  and  in  handling  and  stowage  of  freight,  and  if 
for  license  as  chief  mate  on  ocean  or  coastwise  steamers, 
or  of  sail  vessels  of  over  seven  hundred  tons,  or  as  second 
or  third  mate  of  ocean  or  coastwise  steamers,  who  shall 
have  charge  of  a  watch,  shall  also  examine  him  as  to  his 
knowledge  and  ability  in  navigation  and  managing  such 
vessels  and  all  other  duties  pertaining  to  his  station,  and 
if  satisfied  of  his  qualifications  and  good  character  they 
shall  grant  him  a  license  authorizing  him  to  perform  such 
duties  for  the  term  of  five  years  upon  the  waters  upon 
which  he  is  found  qualified  to  act;  but  such  license  shall 
be  suspended  or  revoked  upon  satisfactory  proof  of  bad 
conduct,  intemperate  habits,  unskillfulness,  or  want  of 
knowledge  of  the  duties  of  his  station  or  the  willful  vio- 
lation of  any  provision  of  this  title  [R.  S.,  4399-1500]. 
[See  act  June  9,  1910,  p.  350.] 

72.   Engineer's  license. 

Whenever  any  person  applies  for  authority  to  perform     R-  s-  * 
the  duties  of  engineer  of  any  steam-vessel,  the  inspectors 
shall  examine  the  applicant  as  to  his  knowledge  of  steam- 
machinery,  and  his  experience  as  an  engineer,  and  also  the 
proofs  which  he  produces  in  support  of  his  claim ;  and  if, 


.,  4440. 


i*ys. 


60  NAVIGATION   LAWS   OF   THE   UNITED  STATES. 

upon  full  consideration,  they  are  satisfied  that  his  char- 
acter, habits  of  life,  knowledge,  and  experience  in  the 
duties  of  an  engineer  are  all  such  as  to  authorize  the  be- 
lief that  he  is  a  suitable  and  safe  person  to  be  intrusted 
with  the  powers  and  duties  of  such  a  station,  they  shall 
grant  him  a  license,  authorizing  him  to  be  employed  in 
such  duties  for  the  term  of  five  years,  in  which  they  shall 
May  28,  1896.  assign  him  to  the  appropriate  class  of  engineers ;  but  such 
license  shall  be  suspended  or  revoked  upon  satisfactory 
proof  of  negligence,  unskillfulness,  intemperance,  or  the 
willful  violation  of  any  provision  of  this  Title  [R.  S., 
4399-4500].  Whenever  complaint  is  made  against  any 
engineer  holding  a  license  authorizing  him  to  take  charge 
of  the  boilers  and  machinery  of  any  steamer,  that  he  has, 
through  negligence  or  want  of  skill,  permitted  the  boilers 
in  his  charge  to  burn  or  otherwise  become  in  bad  condi- 
tion, or  that  he  has  not  kept  his  engine  and  machinery  in 
good  working  order,  it  shall  be  the  duty  of  the  inspectors, 
upon  satisfactory  proof  of  such  negligence  or  want  of 
skill,  to  revoke  the  license  of  such  engineer  and  assign 
him  to  a  lower  grade  or  class  of  engineers,  if  they  find 
him  fitted  therefor.    [See  act  June  9,  1910,  p.  350.] 

73.  Pilot's  license. 

r.  s.,  4442.  Whenever  any  person  claiming  to  be  a  skillful  pilot  of 
steam-vessels  offers  himself  for  a  license,  the  inspectors 
shall  make  diligent  inquiry  as  to  his  character  and  merits, 
and  if  satisfied,  from  personal  examination  of  the  appli- 
cant, with  the  proof  that  he  offers  that  he  possesses  the 
requisite  knowledge  and  skill,  and  is  trustworthy  and 

May  28,  1896.  faithful,  they  shall  grant  him  a  license  for  the  term  of 
five  years  to  pilot  any  such  vessel  within  the  limits  pre- 
scribed in  the  license ;  but  such  license  shall  be  suspended 
or  revoked  upon  satisfactory  evidence  of  negligence  un- 
skillfulness, inattention  to  the  duties  of  his  station,  or 
intemperance,  or  the  willful  violation  of  any  provision 
of  this  title  [R.  S.,  -4399-4500].  [See  act  June  9,  1910, 
p.  350.] 

74.  Master  or  mate  acting  as  pilot. 

r.  s.,  4443.  Where  the  master  or  mate  is  also  pilot  of  the  vessel,  he 
shall  not  be  required  to  hold  two  licenses  to  perform  such 
duties,  but  the  license  issued  shall  state  on  its  face  that 
he  is  authorized  to  act  in  such  double  capacity.  [See  act 
June  9,  p.  350.] 

75.  Oath  of  officer. 

r.  s.,  4445.  Every  master,  chief  mate,  engineer,  and  pilot,  who  re- 
ceives a  license,  shall,  before  entering  upon  his  duties, 
make  oath  before  one  of  the  inspectors  herein  provided 
for,  to  be  recorded  with  the  certificate,  that  he  will  faith- 
fully and  honestly,  according  to  his  best  skill  and  judg- 
ment, without  concealment  or  reservation,  perform  all 
the  duties  required  of  him  by  law. 


PAKT   IV. OFFICERS   OF   MERCHANT   VESSELS.  61 

Every  applicant  for  license  as  either  master,  mate,  Mar-  23,  190°- 
pilot,  or  engineer  under  the  provisions  of  this  title  [R.  S., 
4399-4500]  shall  make  and  subscribe  to  an  oath  or  af- 
firmation, before  one  of  the  inspectors  referred  to  in  this 
title,  to  the  truth  of  all  the  statements  set  forth  in  his 
application  for  such  license. 

Any  person  who  shall  make  or  subscribe  to  any  oath  or 
affirmation  authorized  in  this  title  and  knowing  the  same 
to  be  false  shall  be  deemed  guilty  of  perjury. 

Every  licensed  master,  mate,  pilot,  or  engineer  who 
shall  change,  by  addition,  interpolation,  or  erasure  of  any 
kind,  any  certificate  or  license  issued  by  any  inspector  or 
inspectors  referred  to  in  this  title  shall,  for  every  such 
offense,  upon  conviction,  be  punished  by  a  fine  of  not 
more  than  five  hundred  dollars  or  by  imprisonment  at 
hard  labor  for  a  term  not  exceeding  three  years. 

76.  Bemoval  of  master. 

Any  person  or  body  corporate  having  more  than  one-  R-  s-  *250- 
half  ownership  of  any  vessel  shall  have  the  power  to  re- 
move a  master,  who  is  also  part  owner  of  such  vessel,  as 
such  majority  owners  have  to  remove  a  master  not  an 
owner.  This  section  shall  not  apply  where  there  is  a 
valid  written  agreement  subsisting  by  virtue  of  which 
such  master  would  be  entitled  to  possession,  nor  in  any 
case  where  a  master  has  possession  as  part  owner,  ob- 
tained before  the  ninth  day  of  April,  eighteen  hundred 
and  seventy-two. 


Part  V.— MERCHANT  SEAMEN. 


77. 

Definitions. 

99. 

78. 

Exemption  from  militia  duty. 

79. 

Naturalization  and  citizenship  of 
seamen. 

100. 
101. 

80. 

Shipping  officers. 

102. 

81. 

Illegal  shipments. 

82. 

Owners  or  masters  may  ship  sea- 
men in  certain  cases. 

103. 

83. 

Apprentices. 

104. 

84. 

Agreement     to     ship    in    foreign 
trade. 

105. 

85. 

Period  of  engagement. 

106. 

86. 

Penalty     for     shipment     without 

107. 

agreement. 

108. 

87. 

Shipment  in  foreign  ports  before 

109. 

consuls. 

110. 

88. 

Crew  list. 

111. 

89. 

Failure  to  produce  crew. 

112. 

90. 

Papers  relating  to  crew. 

91. 

Shipment  of  seamen  in  the  coast- 

ing or  near-by  foreign  trade. 

113. 

92. 

Agreement  in   coasting  trade  not 

114. 

before  commissioner. 

115. 

93. 

Agreement  with  fishermen. 

94. 

Discharge  in  foreign  trade. 

95. 

Discharge  in  foreign  ports. 

116. 

96. 

Wages. 

117. 

97. 

Vessels    exempt    from     libel    for 

118. 

wages. 

119. 

98. 

Advances       and       allotments     of 

119( 

Wages  and  clothing  exempt  from 
attachment. 

Desertion  of  seamen  abroad. 

Desertion  of  foreign  seamen  in 
the  United  States. 

Repeal  of  treaties  and  conven- 
tions. 

Arbitration  before  shipping  com- 
missioner. 

Soliciting  lodgers. 

Return  of  seamen  from  foreign 
ports,  Alaska,  and  insular  ports. 

Effects  of  deceased  seamen. 

Offenses  and  punishments. 

Corporal  punishment  prohibited. 

Procedure. 

Form  of  articles  of  agreement. 

Account  of  apprentices  on  board. 

Scale  of  provisions  to  be  allowed 
and  served  out  to  crew  during 
the  voyage. 

Certificate  of  discharge. 

Sick  and  disabled  seamen. 

Jurisdiction  over  American  sea- 
men in  foreign  ports  and  for- 
eign seamen  in  American  ports. 

Seamen's  witness  fees. 

Manning  of  merchant  vessels. 

Undermanning. 

Fellow-servant  clause. 
».  Merchant  seamen  at  Panama 
Canal  Zone. 


77.  Definitions. 

In  the  construction  of  this  Title  [E.  S.,  4501-4613],  R.s.,4812. 
every  person  having  the  command  of  any  vessel  belonging 
to  any  citizen  of  the  United  States  shall  be  deemed  to  be 
the  "master"  thereof;  ancj  every  person  (apprentices 
excepted)  who  shall  be  employed  or  engaged  to  serve  in 
any  capacity  on  board  the  same  shall  be  deemed  and  taken 
to  be  a  "  seaman;"  and  the  term  "  vessel  "  shall  be  under- 
stood to  comprehend  every  description  of  vessel  navigat- 
ing on  any  sea  or  channel,"  lake  or  river,  to  which  the  pro- 
visions of  this  Title  may  be  applicable,  and  the  term 
"owner"  shall  be  taken  and  understood  to  comprehend 
all  the  several  persons,  if  more  than  one,  to  whom  the  ves- 
sel shall  belong. 

78.  Exemption  from  militia  duty. 

Pilots,  mariners  actually  employed  in  the  sea  service  of  Jan.  26, 1903. 
any  citizen  or  merchant  within  the  United  States,  and  all 
persons  who  are  exempted  by  the  laws  of  the  respective 

63 


64  NAVIGATION   LAWS   OF   THE   UNITED  STATES. 

States  or  Territories  shall  be  exempted  from  militia  duty, 
without  regard  to  age. 

79.  Naturalization  and  citizenship  of  seamen. 

r.  s.,  4588.  The  collector  of  every  district  shall  keep  a  book  or 
books,  in  which,  at  the  request  of  any  seaman,  being  a 
citizen  of  the  United  States  of  America,  and  producing 
proof  of  his  citizenship,  authenticated  in  the  manner 
hereinafter  directed,  he  shall  enter  the  name  of  such  sea- 
man, and  shall  deliver  to  him  a  certificate,  in  the  follow- 
ing form,  that  is  to  say:  "  I,  A.  B.,  collector  of  the  dis- 
trict of  D.,  do  hereby  certify,  that  E.  F.,  an  American 

seaman,  aged years,  or  thereabouts,  of  the  height 

of feet inches,  (describing  the  said  seaman 

as  particularly  as  may  be,)  has,  this  day,  produced  to  me 
proof  in  the  manner  directed  by  law;  and  I  do  hereby 
certify  that  the  said  E.  F.  is  a  citizen  of  the  United  States 
of  America.    In  witness  whereof,  I  have  hereunto  set  my 

June  19,  1886.  hand  and  seal  of  office,  this  day  of ."    It 

shall  be  the  duty  of  the  collectors  to  file  and  preserve  the 
proofs  of  citizenship  so  produced. 

r.  s.,  459i.  The  collector  of  every  port  of  entry  in  the  United 
States  shall  send  a  list  of  the  seamen  to  whom  certificates 
of  citizenship  have  been  granted,  once  every  three  months, 
to  the  Secretary  of  State  [together  with  an  account  of 
such  impressments  or  detentions,  as  shall  appear,  by  the 
protests  of  the  masters,  to  have  taken  place.- 


June  2! 
May   9 


declaration  of  intention  to  become  a  citizen  of  the  United 
States,  and  after  he  shall  have  served  three  years  upon 
such  merchant  or  fishing  vessels  of  the  United  States,  be 
deemed  a  citizen  of  the  United  States  for  the  purpose  of 
serving  on  board  any  such  merchant  or  fishing  vessel  of 
the  United  States,  anything  to  the  contrary  in  any  Act 
of  Congress  notwithstanding;  but  such  seaman  shall,  for 
all  purposes  of  protection  as  an  American  citizen,  be 
deemed  such  after  the  filing  of  his  declaration  of  inten- 
tion to  become  such  citizen :  Provided,  That  nothing  con- 
tained in  this  Act  shall  be  taken  or  construed  to  repeal  or 
modify  any  portion  of  the  Act  approved  March  fourth, 
nineteen  hundred  and  fifteen  (Thirty-eighth  Statutes  at 
Large,  part  one,  page  eleven  hundred  and  sixty-four, 
chapter  one  hundred  and  fifty-three),  being  an  Act  to 
promote  the  welfare  of  American  seamen. 

80.   Shipping  officers. 

The  general  duties  of  a  shipping-commissioner  shall  be: 
First.  To  afford  facilities  for  engaging  seamen  by  keep- 
ing a  register  of  their  names  and  characters. 

Second.  To   superintend   their  engagement   and   dis- 
charge, in  manner  prescribed  by  law. 


PART   V. MERCHANT    SEAMEN.  65 

Third.  To  provide  means  for  securing  the  presence  on 
board  at  the  proper  times  of  men  who  are  so  engaged. 

Fourth.  To  facilitate  the  making  of  apprenticeships 
to  the  sea  service. 

Fifth.  To  perform  such  other  duties  relating  to  mer- 
chant seamen  or  merchant  ships  as  are  now  or  may  here- 
after be  required  by  law. 

In  any  port  in  which  no  shipping-commissioner  shall  R.  s.,  450s. 
have  been  appointed,  the  whole  or  any  part  of  the  busi- 
ness of  a  shipping-commissioner  shall  be  conducted  by  the 
collector  or  deputy  collector  of  customs  of  such  port ;  and 
in  respect  of  such  business  such  custom-house  shall  be 
deemed  a  shipping-office,  and  the  collector  or  deputy  col- 
lector of  customs  to  whom  such  business  shall  be  com- 
mitted, shall,  for  all  purposes,  be  deemed  a  shipping- 
commissioner  within  the  meaning  of  this  Title  [R.  S. 
4501-4613]. 

Every  shipping-commissioner,  and  every  clerk  or  em-  Ma?;'4,5i9ii. 
ploye  in  any  shipping-office,  who  demands  or  receives  any 
remuneration  whatever,  either  directly  or  indirectly,  for 
hiring  or  supplying  any  seaman  for  any  merchant- vessels,  June  19> 1886 
excepting  the  lawful  fees  payable  under  this  Title  [R.  S., 
4501-4613],  shall,  for  every  such  offense,  be  liable  to  a 
penalty  of  not  more  than  two  hundred  dollars.     [Fees 
payable  by  individuals  abolished  June  19,  1886.] 
81.  Illegal  shipments. 

Whoever,  with  intent  that  any  person  shall  perform  g^-8|; 1909- 
service  or  labor  of  any  kind  on  board  of  any  vessel  en- 
gaged in  trade  and  commerce  among  the  several  States  or 
with  foreign  nations,  or  on  board  of  any  vessel  of  the  R^^ls2a^0f 
United  States  engaged  in  navigating  the  high  seas  or 
any  navigable  water  of  the  United  States,  shall  procure 
or  induce,  or  attempt  to  procure  or  induce,  another,  by 
force  or  threats  or  by  representations  which  he  knows 
or  believes  to  be  untrue,  or  while  the  person  so  procured 
or  induced  is  intoxicated  or  under  the  influence  of  any 
drug,  to  go  on  board  of  any  such  vessel,  or  to  sign  or  in 
anywise  enter  into  any  agreement  to  go  on  board  of  any 
such  vessel  to  perform  service  or  labor  thereon ;  or  who- 
ever shall  knowingly  detain  on  board  of  any  such  vessel 
any  person  so  procured  or  induced  to  go  on  board  thereof, 
or  to  enter  into  any  agreement  to  go  on  board  thereof,  by 
any  means  herein  defined;  or  whoever  shall  knowingly 
aid  or  abet  in  the  doing  of  any  of  the  things  herein  made 
unlawful,  shall  be  fined  not  more  than  one  thousand  dol- 
lars, or  imprisoned  not  more  than  one  year,  or  both. 

All  shipments  of  seamen  made  contrary  to  the  provi-  r.  s.,4523. 
sions  of  any  act  of  Congress  shall  be  void ;  and  any  sea- 
man so  shipped  may  leave  the  service  at  any  time,  and 
shall  be  entitled  to  recover  the  highest  rate  of  wages  of 
the  port  from  which  the  seaman  was  shipped,  or  the  sum 
agreed  to  be  given  him  at  his  shipment. 
143562°— 19 5 


66  NAVIGATION    LAWS    OP    THE    UNITED    STATES. 


R  S.,  4504. 


!• 


82.  Owners  or  masters  may  ship  seamen  in  certain  cases. 

Any  person  other  than  a  commissioner  under  this  Title 
R.  S.,  4501-4613],  who  shall  perform  or  attempt  to  per- 
form, either  directly  or  indirectly,  the  duties  which  are  by 
this  Title  set  forth  as  pertaining  to  a  shipping-commis- 
sioner, shall  be  liable  to  a  penalty  of  not  more  than  five 
hundred  dollars. 

Nothing  in  this  Title  [R.  S.,  4501-4613],  however,  shall 
prevent  the  owner,  or  consignee,  or  master  of  any  vessel 
except  vessels  bound  from  a  port  in  the  United  States  to 
any  foreign  port,  other  than  vessels  engaged  in  trade  be- 
tween the  United  States  and  the  British  North  American 
possessions,  or  the  West  India  Islands,  or  the  republic  of 
Mexico,  and  vessels  of  the  burden  of  seventy-five  tons  or 
upward  bound  from  a  port  on  the  Atlantic  to  a  port  on 
the  Pacific,  or  vice  versa,  from  performing,  himself,  so  far 
as  his  vessel  is  concerned,  the  duties  of  shipping-commis- 
sioner under  this  Title.  Whenever  the  master  of  any  ves- 
sel shall  engage  his  crew,  or  any  part  of  the  same,  in  any 
collection-district  where  no  shipping-commissioner  shall 
have  been  appointed,  he  may  perform  for  himself  the 
duties  of  such  commissioner. 

83.  Apprentices. 

r.  s.,  4509.  Everv    shipping-commissioner    appointed    under   this 

Title  [R.  S.,  4501-4613]  shall,  if  applied  to  for  the  pur- 
pose of  apprenticing  boys  to  the  sea-service,  by  any  master 
or  owner  of  a  vessel,  or  by  any  person  legally  qualified, 
give  such  assistance  as  is  in  his  power  for  facilitating  the 
making  of  such  apprenticeships;  but  the  shipping-com- 
missioner shall  ascertain  that  the  boy  has  voluntarily  con- 
sented to  be  bound,  and  that  the  parents  or  guardian  of 
such  boy  have  consented  to  such  apprenticeship,  and  that 
he  has  attained  the  age  of  twelve  years,  and  is  of  suffi- 
cient health  and  strength,  and  that  the  master  to  whom 
such  boy  is  to  be  bound  is  a  proper  person  for  the  purpose. 
Such  apprenticeship  shall  terminate  when  the  apprentice 
becomes  eighteen  years  of  age.  The  shipping-commis- 
sioner shall  keep  a  register  of  all  indentures  of  apprentice- 
ship made  before  him. 

r.  s.,  4510.  The  master  of  every  foreign-going  vessel  shall,  before 

carrying  any  apprentice  to  sea  from  any  place  in  the 
United  States,  cause  such  apprentice  to  appear  before  the 
shipping-commissioner  before  whom  the  crew  is  engaged, 
and  shall  produce  to  him  the  indenture  by  which  such  ap- 
prentice is  bound,  and  the  assignment  or  assignments 
thereof,  if  any ;  and  the  name  of  the  apprentice,  with  the 
date  of  the  indenture  and  of  the  assignment  or  assignments 
thereof,  if  any,  shall  be  entered  on  the  agreement;  which 
shall  be  in  the  form,  as  near  as  may  be,  given  in  the  table 
marked  "A"  in  the  schedule  annexed  to  this  Title  [R.  S., 
4501—1613] ;  and  no  such  assignment  shall  be  made  with- 


PAET  V. MERCHANT   SEAMEN.  67 

out  the  approval  of  a  commissioner,  of  the  apprentice, 
and  of  his  parents  or  his  guardian.     For  any  violation 
of  this  section,  the  master  shall  be  liable  to  a  penalty  of 
not  more  than  one  hundred  dollars. 
84.  Agreement  to  ship  in  foreign  trade. 

The  master  of  every  vessel  bound  from  a  port  in  the  n.  s.,4511. 
United  States  to  any  foreign  port  other  than  vessels  en- 
gaged in  trade  between  the  United  States  and  the  British 
North  American  possessions,  or  the  "West  India  Islands,  or 
the  republic  of  Mexico,  or  of  any  vessel  of  the  burden  of 
seventy-five  tons  or  upward,  bound  from  a  port  on  the 
Atlantic  to  a  port  on  the  Pacific,  or  vice  versa,  shall,  be- 
fore he  proceeds  on  such  voyage,  make  an  agreement,  in 
writing  or  in  print,  with  every  seaman  whom  he  carries  to 
sea  as  one  of  the  crew,  in  the  manner  hereinafter  men- 
tioned; and  every  such  agreement  shall  be,  as  near  as  may 
be,  in  the  form  given  in  the  table  marked  A,  in  the  sched- 
ule annexed  to  this  Title  [R.  S.,  4501-4613],  and  shall  be 
dated  at  the  time  of  the  first  signature  thereof,  and  shall 
be  signed  by  the  master  before  any  seaman  signs  the  same, 
and  shall  contain  the  following  particulars : 

First.  The  nature  and,  as  far  as  practicable,  the  dura- 
tion of  the  intended  voyage  or  engagement,  and  the  port 
or  country  at  which  the  voyage  is  to  terminate. 

Second^  The  number  and  description  of  the  crew,  speci- 
fying their  respective  employments. 

Third.  The  time  at  which  each  seaman  is  to  be  on 
board,  to  begin  work. 

Fourth.  The  capacity  in  which  each  seaman  is  to  serve. 

Fifth.  The  amount  of  wages  which  each  seaman  is  to 
receive. 

Sixth.  A  scale  of  the  provisions  which  are  to  be  fur- 
nished to  each  seaman. 

Seventh.  Any  regulations  as  to  conduct  on  board  and  Mar.  3,  1897. 
as  to  fines,  short  allowances  of  provisions,  or  other  lawful  Sec' 19# 
punishments  for  misconduct,  which  may  be  sanctioned  by 
Congress  or  authorized  by  the  Secretary  of  Commerce  and  Feb.  14,  i903. 
Labor  not  contrary  to  or  not  otherwise  provided  for  by  Sec- 10* 
law,  which  the  parties  agree  to  adopt. 

Eighth.  Any  stipulations  in  reference  to  allotment  of  June  26, 1884. 
wages,  or  other  matters  not  contrary  to  law.     [Repealed 
so  far  as  relates  to  allotments  in  trade  between  the  United 
States,  Dominion  of  Canada,  Newfoundland,  the  West  gee.  21, 1898. 
Indies  and  Mexico,  and  coasting  trade  of  the  United     ec'~  ' 
States,  except  between  Atlantic  and  Pacific  ports,  by  sec. 
25  of  Act  of  December  21,  1898.] 

The  following  rules  shall  be  observed  with  respect  to  it.  s.,  4512. 
agreements : 

First.  Every  agreement  except  such  as  are  otherwise 
specially  provided  for,  shall  be  signed  by  each  seaman  in 
the  presence  of  a  shipping-commissioner. 


68  NAVIGATION    LAWS    OF    THE    UNITED   STATES. 

Second.  When  the  crew  is  first  engaged  the  agreement 
shall  be  signed  in  duplicate,  and  one  part  shall  be  retained 
by  the  shipping-commissioner,  and  the  other  part  shall 
contain  a  special  place  or  form  for  the  description  and 
signatures  of  persons  engaged  subsequently  to  the  first 
departure  of  the  ship,  and  shall  be  delivered  to  the  master. 
Third.  Every  agreement  entered  into  before  a  shipping- 
commissioner  shall  be  acknowledged  and  certified  under 
the  hand  and  official  seal  of  such  commissioner.  The  cer- 
tificate of  acknowledgment  shall  be  indorsed  on  or  an- 
nexed to  the  agreement;  and  shall  be  in  the  following 
form : 

"  State  of ,  County  of : 

"  On  this day  of ,  personally  appeared  be- 
fore me,  a  shipping-commissioner  in  and  for  the  said 
county,  A.  B.,  C.  D.,  and  E.  F.,  severally  known  to  me  to 
be  the  same  persons  who  executed  the  foregoing  instru- 
ment, who  each  for  himself  acknowledged  to  me  that  he 
had  read  or  had  heard  read  the  same;  that  he  was  by  me 
made  acquainted  with  the  conditions  thereof,  and  under- 
stood the  same ;  and  that,  while  sober  and  not  in  a  state 
of  intoxication,  he  signed  it  freely  and  voluntarily,  for 
the  uses  and  purposes  therein  mentioned." 

b.  s.,  4513.  Section  4511  shall  not  apply  to  masters  of  vessels  where 

the  seamen  are  by  custom  or  agreement  entitled  to  par- 
ticipate in  the  profits  or  result  of  a  cruise  or  voyage, 
nor  to  masters  of  coastwise  nor  to  masters  of  lake-going 

Feb.  is,  1895.  vessels  that  touch  at  foreign  ports ;  but  seamen  may,  by 
agreement,  serve  on  board  such  vessels  a  definite  time,  or, 
on  the  return  of  any  vessel  to  a  port  in  the  United  States, 

June  19,  1886.  may  reship  and  saii  in  the  same  vessel  on  another  voyage, 
without  the  payment  of  additional  fees  to  the  shipping- 
commissioner. 

[Note. — Sec.  4511,  however,  does  apply  in  part  to 
masters  of  coastwise  vessels  whose  crews  are  shipped 
under  provisions  of  the  act  of  Feb.  18,  1895.] 

r.  s.,  4519.  The  master  shall,  at  the  commencement  of  every  voyage 

or  engagement,  cause  a  legible  copy  of  the  agreement, 
omitting  signatures,  to  be  placed  or  posted  up  in  such  part 
of  the  vessel  as  to  be  accessible  to  the  crew ;  and  on  de- 
fault shall  be  liable  to  a  penalty  of  not  more  than  one 
hundred  dollars. 
85.  Period  of  engagement. 

June  26,  1884.  j±  master  of  a  vessel  in  the  foreign  trade  may  engage  a 
seaman  at  any  port  in  the  United  States,  in  the  manner 
provided  by  law,  to  serve  on  a  voyage  to  any  port,  or  for 


PART   V. MERCHANT   SEAMEN.  69 

the  round  trip  from  and  to  the  port  of  departure,  or  for  a 
definite  time,  whatever  the  destination.  The  master  of  a 
vessel  making  regular  and  stated  trips  between  the  United 
States  and  a  foreign  country  may  engage  a  seaman  for 
one  or  more  round  trips,  or  for  a  definite  time,  or  on  the 
return  of  said  vessel  to  the  United  States  may  reship  such 
seamen  for  another  voyage  in  the  same  vessel,  in  the  man- 
ner provided  by  law,  without  the  payment  of  additional 
fees  to  any  officer  for  such  reshipment  or  re-engagement. 

86.  Penalty  for  shipment  without  agreement. 

If  any  person  shall  be  carried  to  sea,  as  one  of  the  crew  R-  s.,  4514. 
on  board  of  any  vessel  making  a  voyage  as  hereinbefore 
specified,  without  entering  into  an  agreement  with  the 
master  of  such  vessel,  in  the  form  and  manner,  and  at  the 
place  and  times  in  such  cases  required,  the  vessel  shall  be 
held  liable  for  each  such  offense  to  a  penalty  of  not  more 
than  two  hundred  dollars.  But  the  vessel  shall  not  be 
held  liable  for  any  person  carried  to  sea,  who  shall  have 
secretly  stowed  away  himself  without  the  knowledge  of 
the  master,  mate,  or  of  any  of  the  officers  of  the  vessel,  or 
who  shall  have  falsely  personated  himself  to  the  master, 
mate,  or  officers  of  the  vessel,  for  the  purpose  of  being 
carried  to  sea. 

If  any  master,  mate,  or  other  officer  of  a  vessel  know-  R.  s.,  4515. 
ingly  receives,  or  accepts,  to  be  entered  on  board  of  any 
merchant-vessel,  any  seaman  who  has  been  engaged  or 
supplied  contrary  to  the  provisions  of  this  Title  [R.  S., 
4501-4613],  the  vessel  on  board  of  which  such  seaman 
shall  be  found  shall,  for  every  such  seaman,  be  liable  to  a 
penalty  of  not  more  than  two  hundred  dollars. 

87.  Shipment  in  foreign  ports  before  consuls. 

Every  master  of  a  merchant-vessel  who  engages  any  r.  s.,  4517. 
seaman  at  a  place  out  of  the  United  States,  in  which  there 
is  a  consular  officer  or  commercial  agent,  shall,  before 
carrying  such  seaman  to  sea,  procure  the  sanction  of  such 
officer,  and  shall  engage  seamen  in  his  presence ;  and  the 
rules  governing  the  engagement  of  seamen  before  a  ship- 
ping-commissioner in  the  United  States,  shall  apply  to 
such  engagements  made  before  a  consular  officer  or  com- 
mercial agent ;  and  upon  every  such  engagement  the  con- 
sular officer  or  commercial  agent  shall  indorse  upon  the 
agreement  his  sanction  thereof,  and  an  attestation  to  the 
effect  that  the  same  has  been  signed  in  his  presence,  and 
otherwise  duly  made. 


70  NAVIGATION   LAWS   OF    THE   UNITED   STATES. 

r.  s.,  4518.  Every  master  who  engages  any  seaman  in  any  place  in 

which  there  is  a  consular  officer  or  commercial  agent, 

otherwise  than  as  required  by  the  preceding  section,  shall 

incur  a  penalty  of  not  more  than  one  hundred  dollars, 

for  which  penalty  the  vessel  shall  be  held  liable. 

June  26, 1884.     Every  master  of  a  vessel  in  the  foreign  trade  may  en- 

Mar2?;  iso7.  gag"e  any  seaman  at  any  port  out  of  the  United  States,  in 

sec.  3.  the  manner  provided  by  law,  to  serve  for  one  or  more 

round  trips  from  and  to  the  port  of  departure,  or  for  a 

definite  time,  whatever  the  destination ;  and  the  master  of 

a  vessel  clearing  from  a  port  of  the  United  States  with 

one  or  more  seamen  engaged  in  a  foreign  port  as  herein 

provided  shall  not  be  required  to  reship  in  a  port  of  the 

United  States  the  seamen  so  engaged. 

88.  Crew  list. 

r.  s.,  4573.  Before  a  clearance  is  granted  to  any  vessel  bound  on  a 

foreign  voyage  or  engaged  in  the  whale-fishery,  the  mas- 
ter thereof  shall  deliver  to  the  collector  of  the  customs  a 
list  containing  the  names,  places  of  birth  and  residence, 
and  description  of  the  persons  who  compose  his  ship's 
company ;  to  which  list  the  oath  of  the  captain  shall  be 
annexed,  that  the  list  contains  the  names  of  his  crew, 
together  with  the  places  of  their  birth  and  residence,  as 

June  10, 1886.  far  as  he  can  ascertain  them;  and  the  collector  shall 
deliver  him  a  certified  copy  thereof. 

r.  s.,  4574.  ln  an  cases  of  private  vessels  of  the  United  States  sail- 

ing from  a  port  in  the  "United  States  to  a  foreign  port, 
the  list  of  the  crew  shall  be  examined  by  the  collector  for 
the  district  from  which  the  vessel  shall  clear,  and  if  ap- 
proved of  by  him,  shall  be  certified  accordingly.  No  per- 
son shall  be  admitted  or  employed  on  board  of  any  such 
vessel  unless  his  name  shall  have  been  entered  in  the 
list  of  the  crew,  approved  and  certified  by  the  collector 
for  the  district  from  which  the  vessel  shall  clear.  The 
collector,  before  he  delivers  the  list  of  the  crew,  ap- 
proved and  certified,  to  the  master  or  proper  officer  of  the 
vessel  to  which  the  same  belongs,  shall  cause  the  same  to 
be  recorded  in  a  book  by  him  for  that  purpose  to  be  pro- 
vided, and  the  record  shall  be  open  for  the  inspection  of 
all  persons,  and  a  certified  copy  thereof  shall  be  admitted 
in  evidence  in  any  court  in  which  any  question  may  arise 
under  any  of  the  provisions  of  this  Title  [R.  S.,  4501- 
4613.] 

89.  Failure  to  produce  crew. 

r.  s.,  4576.  _  The  master  of  every  vessel  bound  on  a  foreign  voyage 
iecf'33'  1S9<"  or  engaged  in  the  whale  fishery  shall  exhibit  the  certified 
copy  of  the  list  of  the  crew  to  the  first  boarding  officer  at 
the  first  port  in  the  United  States  at  which  he  shall  arrive 
on  his  return,  and  also  produce  the  persons  named  therein 
to  the  boarding  officer,  whose  duty  it  shall  be  to  examine 
the  men  with  such  list  and  to  report  the  same  to  the  col- 


PART  V. MERCHANT   SEAMEN.  7l 

lector ;  and  it  shall  be  the  duty  of  the  collector  at  the  port 
of  arrival,  where  the  same  is  different  from  the  port  from 
which  the  vessel  originally  sailed,  to  transmit  a  copy  of 
the  list  so  reported  to  him  to  the  collector  of  the  port 
from  which  such  vessel  originally  sailed.  For  each  fail- 
ure to  produce  any  person  on  the  certified  copy  of  the  list 
of  the  crew  the  master  and  owner  shall  be  severally  liable 
to  a  penalty  of  four  hundred  dollars,  to  be  sued  for,  prose- 
cuted, and  disposed  of  in  such  manner  as  penalties  and 
forfeitures  which  may  be  incurred  for  offenses  against 
the  laws  relating  to  the  collection  of  duties;  but  such 
penalties  shall  not  be  incurred  on  account  of  the  master 
not  producing  to  the  first  boarding  officer  any  of  the  per- 
sons contained  in  the  list  who  may  have  been  discharged 
in  a  foreign  country  with  the  consent  of  the  consul,  vice- 
consul,  commercial  agent,  or  vice-commercial  agent  there 
residing,  certified  in  writing,  under  his  hand  and  official 
seal,  to  be  produced  to  the  collector  with  the  other  persons 
composing  the  crew,  nor  on  account  of  any  such  person 
dying  or  absconding  or  being  forcibly  impressed  into 
other  service  of  which  satisfactory  proof  shall  also  be 
exhibited  to  the  collector. 
90.  Papers  relating  to  crew. 

The  following  rules  shall  be  observed  with  reference  to  r.  s.,  4575. 
vessels  bound  on  any  foreign  voyage : 

First.  The  duplicate  list  of  the  ship's  company,  re- 
quired to  be  made  out  by  the  master  and  delivered  to  the 
collector  of  the  customs,  under  section  forty-five  hundred 
and  seventy-three,  shall  be  a  fair  copy  in  one  uniform 
handwriting,  without  erasure  or  interlineation. 

Second.  It  shall  be  the  duty  of  the  owners  of  every  such 
vessel  to  obtain  from  the  collector  of  the  customs  of  the 
district  from  which  the  clearance  is  made,  a  true  and  certi- 
fied copy  of  the  shipping-articles,  containing  the  names  of 
the  crew,  which  shall  be  written  in  a  uniform  hand,  with- 
out erasures  or  interlineations. 

Third.  These  documents,  which  shall  be  deemed  to  con- 
tain all  the  conditions  of  contract  with  the  crew  as  to  their 
service,  pay,  voyage,  and  all  other  things,  shall  be  pro- 
duced by  the  master,  and  laid  before  any  consul,  or  other 
commercial  agent  of  the  United  States,  whenever  he  may 
deem  their  contents  necessary  to  enable  him  to  discharge 
the  duties  imposed  upon  him  by  law  toward  any  mariner 
applying  to  him  for  his  aid  or  assistance. 

Fourth.  All  interlineations,  erasures,  or  writing  in  a 
hand  different  from  that  in  which  such  duplicates  were 
originally  made,  shall  be  deemed  fraudulent  alterations, 
working  no  change  in  such  papers,  unless  satisfactorily 
explained  in  a  manner  consistent  with  innocent  purposes 
and  the  provisions  of  law  which  guard  the  rights  of 
mariners. 


72  NAVIGATION    LAWS   OF    THE   UNITED   STATES. 

Fifth.  If  any  master  of  a  vessel  shall  proceed,  on  a  for- 
eign voyage  without  the  documents  herein  required,  or 
refuse  to  produce  them  when  required,  or  to  perform  the 
duties  imposed  by  this  section,  or  shall  violate  the  pro- 
visions thereof,  he  shall  be  liable  to  each  and  every  indi- 
vidual injured  thereby  in  damages,  to  be  recovered  in 
any  court  of  the  United  States  in  the  district  where  such 
delinquent  may  reside  or  be  found,  and  in  addition  thereto 
be  punishable  by  a  fine  of  one  hundred  dollars  for  each 
offense. 

Sixth.  It  shall  be  the  duty  of  the  boarding-officer  to 

report  all  violations  of  this  section  to  the  collector  of  the 

port  where  any  vessel  may  arrive,  and  the  collector  shall 

Feb.  14,  1903.  report  the  same  to  the  Secretary  of  Commerce  and  to  the 

United  States  attorney  in  his  district. 

91.  Shipment   of  seamen  in   the   coasting   or   near-by   foreign 
trade. 

June  ?9 1i886      ^one  °^  tne  provisions  of  an  act  entitled  "An  act  to 
Feb.  is,' 1895.'  authorize  the  appointment  of  shipping  commissioners  by 
the  several  circuit  courts  of  the  United  States  to  superin- 
tend the  shipping  and  discharge  of  seamen  engaged  in 
merchant  ships  belonging  to  the  United  States,  and  for 
the  further  protection  of  seamen  "  shall  apply  to  sail  or 
steam  vessels  engaged  in  the  coastwise  trade,  (except  the 
coastwise  trade  between  the  Atlantic  and  Pacific  coasts,) 
or  in  the  lake-going  trade  touching  at  foreign  ports  or 
otherwise,  or  in  the  trade  between  the  United  States  and 
the  British  North  American  possessions,  or  in  any  case 
where  the  seamen  are  by  custom  or  agreement  entitled  to 
participate  in  the  profits  or  result  of  a  cruise,  or  voyage. 
June  19,  1886.      Shipping  commissioners  may  ship  and  discharge  crews 
sec.  2.  .for  any  vessei  engaged  in  the  coastwise  trade,  or  the  trade 

between  the  United  States  and  the  Dominion  of  Canada, 
or  Newfoundland,  or  the  West  Indies,  or  the  Republic  of 
Mexico,  at  the  request  of  the  master  or  owner  of  such 
vessel,  the  shipping  and  discharging  fees  in  such  cases  to 
be  one-half  that  prescribed  by  section  forty-six  hundred 
and  twelve  of  the  Revised  Statutes,  for  the  purpose  of 
determining  the  compensation  of  shipping  commissioners. 
Feb.  is,  1895.  When  a  crew  is  shipped  by  a  shipping  commissioner  for 
any  American  vessel  in  the  coastwise  trade,  or  the  trade 
between  the  United  States  and  the  Dominion  of  Canada, 
or  New  Foundland,  or  the  West  Indies,  or  Mexico,  as 
authorized  by  section  two  of  an  Act  approved  June  nine- 
teenth, eighteen  hundred  and  eighty-six,  entitled  "An  Act 
to  abolish  certain  fees  for  official  services  to  American 
vessels,  and  to  amend  the  laws  relating  to  shipping  com- 
missioners, seamen,  and  owners  of  vessels,  and  for  other 
purposes,"  an  agreement  shall  be  made  with  each  seaman 
engaged  as  one  of  such  crew  in  the  same  manner  as  is  pro- 
vided by  Sections  four  thousand  five  hundred  and  eleven 


PAET   V. MERCHANT   SEAMEN.  73 

and  four  thousand  five  hundred  and  twelve  of  the  Revised 
Statutes,  not  however  including  the  sixth  and  eighth  items  g^'gf'  1897, 
of  Section  four  thousand  five  hundred  and  eleven ;  and  nee'.  2*1,  isos. 
such  agreement  shall  be  posted  as  provided  in  Section 
four  thousand  five  hundred  and  nineteen,  and  such  seamen 
shall  be  discharged  and  receive  their  wages  as  provided 
by  the  first  clause  of  Section  four  thousand  five  hundred 
and  twenty-nine  and  also  by  Sections  four  thousand  five 
hundred  and  twenty-six,  four  thousand  five  hundred  and 
twenty-seven,  four  thousand  five  hundred  and  twenty- 
eight,  four  thousand  five  hundred  and  thirty,  four  thou- 
sand five  hundred  and  thirty-five,  four  thousand  five  hun- 
dred and  thirty-six,  four  thousand  five  hundred  and 
forty-two,  four  thousand  five  hundred  and  forty-three, 
four  thousand  five  hundred  and  forty-four,  four  thousand 
five  hundred  and  forty-five,  four  thousand  five  hundred 
and  forty-six,  four  thousand  five  hundred  and  forty- 
seven,  four  thousand  five  hundred  and  forty-nine,  four 
thousand  five  hundred  and  fifty,  four  thousand  five  hun- 
dred and  fifty-one,  four  thousand  five  hundred  and  fifty- 
two,  four  thousand  five  hundred  and  fifty-three,  four 
thousand  five  hundred  and  fifty-four  and  four  thousand  ge"gf'  189T" 
six  hundred  and  two  of  the  Revised  Statutes ;  but  in  all 
other  respects  such  shipment  of  seamen  and  such  shipping 
agreement  shall  be  regarded  as  if  both  shipment  and 
agreement  had  been  entered  into  between  the  master  of 
a  vessel  and  a  seaman  without  going  before  a  shipping 
commissioner. 
92.  Agreement  in  coasting1  trade  not  before  commissioner. 

Every  master  of  any  vessel  of  the  burden  of  fifty  tons  R-  s.,  4520. 
or  upward,  bound  from  a  port  in  one  State  to  a  port  in 
any  other  than  an  adjoining  State,  except  vessels  of  the 
burden  of  seventy-five  tons  or  upward,  bound  from*a  port 
on  the  Atlantic  to  a  port  on  the.  Pacific,  or  vice  versa, 
shall,  before  he  proceeds  on  such  voyage,  make  an  agree- 
ment in  writing  or  in  print,  with  every  seaman  on  board 
such  vessel  except  such  as  shall  be  apprentice  or  servant 
to  himself  or  owners,  declaring  the  voyage  or  term  of 
time  for  which  such  seaman  shall  be  shipped. 

If  any  master  of  such  vessel  of  the  burden  of  fifty  tons  R-  s-  4521- 
or  upward  shall  carry  out  any  seaman  or  mariner,  except 
apprentices  or  servants,  without  such  contract  or  agree- 
ment being  first  made  and  signed  by  the  seamen,  such 
master  shall  pay  to  every  such  seaman  the  highest  price 
or  wages  which  shall  have  been  given  at  the  port  or  place 
where  such  seaman  was  shipped,  for  a  similar  voyage, 
within  three  months  next  before  the  time  of  such  ship- 
ping, if  such  seaman  shall  perform  such  voyage;  or  if 
not,  then  for  such  time  as  he  shall  continue  to  do  duty  on 
board  such  vessel ;  and  shall  moreover  be  liable  to  a  pen- 
alty of  twenty  dollars  for  every  such  seaman,  recoverable, 
one-half  to  the  use  of  the  person  prosecuting  for  the  same, 
and  the  other  half  to  the  use  of  the  United  States.    Any 


74  NAVIGATION    LAWS   OF   THE   UNITED   STATES. 

seamen  who  has  not  signed  such  a  contract  shall  not  be 
bound  by  the  regulations  nor  subject  to  the  penalties  and 
forfeitures  contained  in  this  Title  [K.  S.,  4501-4613]. 
Dec  "2i52i2898  ^  ^ne  ^00^  °^  every  sucn  contract  to  ship  upon  such  a 
sec."  2.  '  '  vessel  of  the  burden  of  fifty  tons  or  upward  there  shall  be 
a  memorandum  in  writing  of  the  day  and  the  hour  when 
such  seamen  who  shipped  and  subscribed  shall  render 
himself  on  board  to  begin  the  voyage  agreed  upon.  If 
any  seaman  shall  neglect  to  render  himself  on  board  the 
vessel  for  which  he  has  shipped  at  the  time  mentioned  in 
such  memorandum  without  giving  twenty-four  hours' 
notice  of  his  inability  to  do  so,  and  if  the  master  of  the 
vessel  shall,  on  the  day  in  which  such  neglect  happened, 
make  an  entry  in  the  log  book  of  such  vessel  of  the  name 
of  such  seaman,  and  shall  in  like  manner  note  the  time 
that  he  so  neglected  to  render  himself  after  the  time 
appointed,  then  every  such  seaman  shall  forfeit  for  every 
hour  which  he  shall  so  neglect  to  render  himself  one-half 
of  one  day's  pay,  according  to  the  rate  of  wages  agreed 
upon,  to  be  deducted  out  of  the  wages.  If  any  such  sea- 
man shall  wholly  neglect  to  render  himself  on  board  of 
such  vessel,  or  having  rendered  himself  oh  board  shall 
afterwards  desert,  he  shall  forfeit  all  of  his  wages  or 
emoluments  which  he  has  then  earned.  [This  section 
shall  not  apply  to  fishing  or  whaling  vessels  or  yachts, 
Dec.  21,  1898,  sec.  26.] 

93.  Agreement  with  fishermen. 

r.  s.,  4391.  The  master  of  any  vessel  of  the  burden  of  twenty  tons 

or  upward,  qualified  according  to  law  for  carrying  on  the 
bank  and  other  cod  fisheries,  or  the  mackerel-fishery, 
bound  from  a  port  of  the  United  States  to  be  employed  in 
any  such  fishery,  at  sea,  shall,  before  proceeding  on  such 
fishing- voyage,  make  an  agreement  in  writing  with  every 
fisherman  who  may  be  employed  therein,  except  only  an 
apprentice  or  servant  of  himself  or  owner,  and,  in  addi- 
tion to  such  terms  of  shipment  as  may  be  agreed  on,  shall, 
in  such  agreement,  express  whether  the  same  is  to  con- 
tinue tor  one  voyage  or  for  the  fishing-season,  and  shall 
also  express  that  the  fish  or  the  proceeds  of  such  fishing- 
voyage  or  voyages  which  may  appertain  to  the  fishermen 
shall  be  divided  among  them  in  proportion  to  the  quanti- 
ties or  number  of  such  fish  which  they  may  respectively 
have  caught.  Such  agreement  shall  be  indorsed  or  coun- 
tersigned by  the  owner  of  such  fishing- vessel  or  his  agent. 

r.  s.,  4392.  If  any  fisherman,  having  engaged  himself  for  a  voyage 

or  for  the  fishing  season  in  any  fishing- vessel  and  signed 
an  agreement  therefor,  thereafter  and  while  such  agree- 
ment remains  in  force  and  to  be  performed  deserts  or 
absents  himself  from  such  vessel  without  leave  of  the 
master  thereof,  or  of  the  owner  or  his  agent,  such  deserter 
shall  be  liable  to  the  same  penalties  as  deserting  seamen 
are  subject  to  in  the  merchant  service,  and  may  in  the  like 


PART    V. MERCHANT    SEAMEN.  75 

manner,  and  upon  the  like  complaint  and  proof,  be  ap- 
prehended and  detained;  and  all  costs  of  process  and 
commitment,  if  paid  by  the  master  or  owner,  shall  be  de- 
ducted out  of  the  share  of  fish  or  proceeds  of  any  fishing- 
voyage  to  which  such  deserter  had  or  shall  become  en- 
titled. Every  fisherman,  having  so  engaged  himself,  who 
during  such  fishing- voyage  refuses  or  neglects  his  proper 
duty  on  board  the  fishing- vessel,  being  thereto  ordered  or 
required  by  the  master  thereof,  or  otherwise  resists  his 
just  commands  to  the  hindrance  or  detriment  of  such 
voyage,  besides  being  answerable  for  all  damages  arising 
thereby,  shall  forfeit  to  the  use  of  the  owner  of  such  ves- 
sel his  share  of  any  public  allowance  which  may  be  paid 
upon  such  voyage. 

Whenever  an  agreement  or  contract  is  so  made  and  R-  s- 4393- 
signed  for  a  fishing-voyage  or  for  the  fishing-season,  and 
any  fish  caught  on  board  such  vessel  during  the  same  are 
delivered  to  the  owner  or  to  his  agent,  for  cure,  and  sold 
by  such  owner  or  agent,  such  vessel  shall,  for  the  term  of 
six  months  after  such  sale,  be  liable  for  the  master's  and 
every  other  fisherman's  share  of  such  fish,  and  may  be 
proceeded  against  in  the  same  form  and  to  the  same  effect 
as  any  other  vessel  is  by  law  liable,  and  may  be  proceeded 
against  for  the  wages  of  seamen  or  mariners  in  the  mer- 
chant service.  Upon  such  proceeding  for  the  value  of  a 
share  or  shares  of  the  proceeds  of  fish  so  delivered  and 
sold  it  shall  be  incumbent  on  the  owner  or  his  agent  to 
produce  a  just  account  of  the  sales  and  division  of  such 
fish  according  to  such  agreement  or  contract;  otherwise 
the  vessel  shall  be  answerable  upon  such  proceeding  for 
what  may  be  the  highest  value  of  the  shares  demanded. 
But  in  all  cases  the  owner  of  such  vessel  or  his  agent,  ap- 
pearing to  answer  in  such  proceeding,  may  offer  there- 
upon his  account  of  general  supplies  made  for  such  fish- 
ing-voyage and  of  other  supplies  therefor  made  to  either 
of  the  demandants,  and  shall  be  allowed  to  produce  evi- 
dence thereof  in  answer  to  their  demands  respectively; 
and  judgment  shall  be  rendered  upon  such  proceeding  for 
the  respective  balances  which  upon  such  an  inquiry  shall 
appear. 

When  process  shall  be  issued  against  any  vessel  so  lia-  R-  s-  4394- 
ble,  if  the  owner  thereof  or  his  agent  will  give  bond  to 
each  fisherman  in  whose  favor  such  process  shall  be  insti- 
tuted, with  sufficient  security,  to  the  satisfaction  of  two 
justices  of  the  peace,  of  whom  one  shall  be  named  by  such 
owner  or  agent,  and  the  other  by  the  fisherman  or  fisher- 
men pursuing  such  process,  or  if  either  party  shall  refuse, 
then  the  justice  first  appointed  shall  name  his  associate, 
with  condition  to  answer  and  pay  whatever  sum  shall  be 
recovered  by  him  or  them  on  such  process,  there  shall  be 
an  immediate  discharge  of  such  vessel.  Nothing  in  this 
or  the  preceding  section  shall  prevent  any  fisherman  from 


76  NAVIGATION    LAWS    OF    THE   UNITED   STATES. 

.    having  his  action  at  common  law  for  his  share  or  shares 
of  fish  or  the  proceeds  thereof. 

94.  Discharge  in  foreign  trade. 

h.s.,  4549.  ah  seamen  discharged  in  the  United  States  from  mer- 

chant vessels  engaged  in  voyages  from  a  port  in  the 
United  States  to  any  foreign  port,  or,  being  of  the  burden 
of  seventy-five  tons  or  upward,  from  a  port  on  the  Atlan- 
tic to  a  port  on  the  Pacific,  or  vice  versa,  shall  be  dis- 
charged and  receive  their  wages  in  the  presence  of  a  duly 
authorized  shipping-commissioner  under  this  Title  [R.  S., 
4501-4613],  except  in  cases  where  some  competent  court 
otherwise  directs;  and  any  master  or  owner  of  any  such 
vessel  who  discharges  any  such  seaman  belonging  thereto, 
or  pays  his  wages  within  the  United  States  in  any  other 
manner,  shall  be  liable  to  a  penalty  of  not  more  than  fifty 
dollars. 

it.  s.,  4550.  Every  master  shall,  not  less  than  forty-eight  hours  be- 

fore paying  off  or  discharging  any  seaman,  deliver  to 
him,  or,  if  he  is  to  be  discharged  before  a  shipping-com- 
missioner, to  such  shipping-commissioner,  a  full  and  true 
account  of  his  wages,  and  all  deductions  to  be  made  there- 
from on  any  account  whatsoever;  and  in  default  shall, 
for  each  offense,  be  liable  to  a  penalty  of  not  more  than 
fifty  dollars.  No  deduction  from  the  wages  of  any  sea- 
man except  in  respect  of  some  matter  happening  after 
such  delivery  shall  be  allowed,  unless  it  is  included  in  the 
account  delivered ;  and  the  master  shall,  during  the  voy- 
age, enter  the  various  matters  in  respect  to  which  such 
deductions  are  made,  with  the  amounts  of  the  respective 
deductions  as  they  occur,  in  the  official  log-book,  and 
shall,  if  required,  produce  such  book  at  the  time  of  the 
payment  of  wages,  and,  also,  upon  the  hearing,  before 
any  competent  authority,  of  any  complaint  or  question 
relating  to  such  payment. 

r.  s.,  4551.  Upon  the  discharge  of  any  seaman,  or  upon  payment  of 

his  wages,  the  master  shall  sign  and  give  him  a  certificate 
of  discharge,  specifying  the  period  of  his  service  and  the 
time  and  place  of  his  discharge,  in  the  form  marked  Table 
B  in  the  schedule  annexed  to  this  Title  fR.  S.,  4501-4613] ; 
and  every  master  who  fails  to  sign  and  give  to  such  sea- 
man such  certificate  and  discharge,  shall,  for  each  such 
offense,  incur  a  penalty  not  exceeding  fifty  dollars.  But 
whenever  the  master  shall  discharge  his  crew  or  any  part 
thereof  in  any  collection-district  where  no  shipping-com- 
missioner has  been  appointed,  he  may  perform  for  himself 
the  duties  of  such  commissioner. 

95.  Discharge  in  foreign  ports. 

June  26,8i'ss4.     Upon  the  application  of  the  master  of  any  vessel  to  a 
sec.  2.  '  consular  officer  to  discharge  a  seaman,  or  upon  the  appli- 

cation of  any  seaman  for  his  own  discharge,  if  it  appears 


PART   V. MERCHANT    SEAMEN.  77 

to  such  officer  that  said  seaman  has  completed  his  ship- 
ping agreement,  or  is  entitled  to  his  discharge  under  any 
act  of  Congress  or  according  to  the  general  principles  or 
usages  of  maritime  law  as  recognized  in  the  United 
States,  such  officer  shall  discharge  said  seaman,  and  re- 
quire from  the  master  of  said  vessel,  before  such  discharge 
shall  be  made,  payment  of  the  wages  which  may  then  be 
due  said  seaman ;  but  no  payment  of  extra  wages  shall  be 
required  by  any  consular  officer  upon  such  discharge  of 
any  seaman  except  as  provided  in  this  act. 

If  any  consular  officer,  when  discharging  any  seaman,  {ySl^iW 
shall  neglect  to  require  the  payment  of  and  collect  the  sec.  16.' 
arrears  of  wages  and  extra  wages  required  to  be  paid  in 
the  case  of  the  discharge  of  any  seaman,  he  shall  be  ac- 
countable to  the  United  States  for  the  full  amount  thereof. 
The  master  shall  provide  any  seaman  so  discharged  with 
employment  on  a  vessel  agreed  to  by  the  seaman,  or  shall 
provide  him  with  one  month's  extra  wages,  if  it  shall  be 
shown  to  the  satisfaction  of  the  consul  that  such  seaman 
was  not  discharged  for  neglect  of  duty,  incompetency,  or 
injury  incurred  on  the  vessel.  If  the  seaman  is  dis- 
charged by  voluntary  consent  before  the  consul,  he  shall 
be  entitled  to  his  wages  up  to  the  time  of  his  discharge, 
but  not  for  any  further  period.  If  the  seaman  is  dis- 
charged on  account  of  injury  or  illness,  incapacitating 
him  for  service,  the  expenses  of  his  maintenance  and  re- 
turn to  the  United  States  shall  be  paid  from  the  fund  for 
the  maintenance  and  transportation  of  destitute  American 
seamen:  Provided,  That  at  the  discretion  of  the  Secre-  i^/it'. 1915- 
tarv  of  Commerce,  and  under  such  regulations  as  he  may   .  (Effective  be- 

J       .,  .  „  .  . .     , °  i     n  i       ginning  Nov.  4, 

prescribe,  if  any  seaman  incapacitated  from  service  by  1915.) 
injury  or  illness  is  on  board  a  vessel  so  situated  that  a 
prompt  discharge  requiring  the  personal  appearance  of 
the  master  of  the  vessel  before  an  American  consul  or 
consular  agent  is  impracticable,  such  seaman  may  be  sent 
to  a  consul  or  consular  agent,  who  shall  care  for  him  and 
defray  the  cost  of  his  maintenance  and  transportation,  as 
provided  in  this  paragraph. 

Whenever  a  vessel  of  the  United  States  is  sold  in  a  for-  S^llwiw. 
eign  country  and  her  company  discharged,  it  shall  be  the  sec.  17.' 
duty  of  the  master  to  produce  to  the  consular  officer  a  cer- 
tified list  of  the  ship's  company,  and  also  the  shipping 
articles,  and  besides  paying  to  each  seaman  or  apprentice 
the  wages  due  him,  he  shall  either  provide  him  with  ade- 
quate employment  on  board  some  other  vessel  bound  to 
the  port  at  which  he  was  originally  shipped,  or  to  such 
other  port  as  may  be  agreed  upon  by  him,  or  furnish  the 
means  of  sending  him  to  such  port,  or  provide  him  with 
a  passage  home,  or  deposit  with  the  consular  officer  such 
a  sum  of  money  as  is  by  the  officer  deemed  sufficient  to  de- 
fray the  expenses  of  his  maintenance  and  passage  home; 
and  the  consular  officer  shall  indorse  upon  the  agreement 
with  the  crew  of  the  ship  which  the  seaman  or  apprentice 
is  leaving  the  particulars  of  any  payment,  provision,  or 


78  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

deposit  made  under  this  section.  A  failure  to  comply 
with  the  provisions  of  this  section  shall  render  the  owner 
liable  to  a  fine  of  not  exceeding  fifty  dollars. 
Def"2i58i3s9s  Whenever  on  the  discharge  of  a  seaman  in  a  foreign 
Sec"  18.'  "  '  country  by  a  consular  officer  on  his  complaint  that  the 
voyage  is  continued  contrary  to  agreement,  or  that  the 
vessel  is  badly  provisioned  or  unseaworthy,  or  against  the 
officers  for  cruel  treatment,  it  shall  be  the  duty  of  the  con- 
sul or  consular  agent  to  institute  a  proper  inquiry  into  the 
matter,  and,  upon  his  being  satisfied  of  the  truth  and  jus- 
tice of  such  complaint,  he  shall  require  the  master  to  pay 
to  such  seaman  one  month's  wages  over  and  above  the 
wages  due  at  the  time  of  discharge,  and  to  provide  him 
with  adequate  employment  on  board  some  other  vessel,  or 
provide  him  with  a  passage  on  board  some  other  vessel 
bound  to  the  port  from  which  he  was  originally  shipped, 
or  to  the  most  convenient  port  of  entry  in  the  United 
States,  or  to  a  port  agreed  to  by  the  seaman. 
96.  Wages. 
s  No  seaman  shall,  by  any  agreement  other  than  is  pro- 

"  "  *m  vided  by  this  Title  [K.  S.,  4501-4G13] ,  forfeit  his  lien  upon 
the  ship,  or  be  deprived  of  any  remedy  for  the  recovery 
of  his  wages  to  which  he  would  otherwise  have  been  en- 
titled ;  and  every  stipulation  in  any  agreement  inconsistent 
with  any  provision  of  this  Title,  ancf  every  stipulation  by 
which  any  seaman  consents  to  abandon  his  right  to  his 
wages  in  the  case  of  the  loss  of  the  ship,  or  to  abandon 
any  right  which  he  may  have  or  obtain  in  the  nature  of 
salvage,  shall  be  wholly  inoperative. 
r.  s.,  4552.  The  following  rules  shall  be  observed  with  respect  to 

the  settlement  of  wages: 

First.  Upon  the  completion,  before  a  shipping-com- 
missioner, of  any  discharge  and  settlement,  the  master  or 
owner  and  each  seaman,  respectively,  in  the  presence  of 
the  shipping-commissioner,  shall  sign  a  mutual  release  of 
all  claims  for  wages  in  respect  of  the  past  voyage  or  en- 
gagement, and  the  shipping-commissioner  shall  also  sign 
and  attest  it,  and  shall  retain  it  in  a  book  to  be  kept  for 
that  purpose,  provided  both  the  master  and  seaman  as- 
sent to  such  settlement,  or  the  settlement  has  been  ad- 
justed by  the  shipping-commissioner. 

Second.  Such  release,  so  signed  and  attested,  shall  oper- 
ate as  a  mutual  discharge  and  settlement  of  all  demands 
for  wages  between  the  parties  thereto,  on  account  of 
wages,  in  respect  of  the  past  voyage  or  engagement. 

Third.  A  copy  of  such  release,  certified  under  the  hand 
and  seal  of  such  shipping-commissioner  to  be  a  true  copy, 
shall  be  given  by  him  to  any  party  thereto  requiring  the 
same,  and  such  copy  shall  be  receivable  in  evidence  upon 
any  future  question  touching  such  claims,  and  shall  have 
all  the  effect  of  the  original  of  which  it  purports  to  be  a 
copy. 

Fourth.  In  cases  in  which  discharge  and  settlement  be- 
fore a  shipping-commissioner  are  required,  no  payment, 


PART  V. MERCHANT   SEAMEN.  79 

receipt,  settlement,  or  discharge  otherwise  made  shall 
operate  as  evidence  of  the  release  or  satisfaction  of  any 
claim. 

Fifth.  Upon  payment  being  made  by  a  master  before  a 
shipping-commissioner,  the  shipping-commissioner  shall, 
if  required,  sign  and  give  to  such  master  a  statement  of 
the  whole  amount  so  paid;  and  such  statement  shall,  be- 
tween the  master  and  his  employer,  be  received  as  evi- 
dence that  he  has  made  the  payments  therein  mentioned. 

Upon  every  discharge  effected  before  a  shipping-corn-  R-  s.,  4553. 
missioner,  the  master  shall  make  and  sign,  in  the  form 
given  in  the  table  marked  "  B,"  in  the  schedule  annexed 
to  this  Title  [K.  S.,  4501-4613],  a  report  of  the  conduct, 
character,  and  qualifications  of  the  persons  discharged ;  or 
may  state  in  such  form,  that  he  declines  to  give  any  opin- 
ion upon  such  particulars,  or  upon  any  of  them;  and  the 
commissioner  shall  keep  a  register  of  the  same,  and  shall, 
if  desired  so  to  do  by  any  seaman,  give  to  him  or  indorse 
on  his  certificate  of  discharge  a  copy  of  so  much  of  such 
report  as  concerns  him. 

A  seaman's  right  to  wages  and  provisions  shall  be  taken  R-  s-» 4524- 
to  commence  either  at  the  time  at  which  he  commences 
work,  or  at  the  time  specified  in  the  agreement  for  his 
commencement  of  work  or  presence  on  board,  whichever 
first  happens. 

No  right  to  wages  shall  be  dependent  on  the  earning  of  R-  »-,  4525. 
freight  by  the  vessel ;  but  every  seaman  or  apprentice  who 
would  be  entitled  to  demand  and  receive  any  wages  if  the 
vessel  on  which  he  has  served  had  earned  freight,  shall, 
subject  to  all  other  rules  of  law  and  conditions  applicable 
to  the  case,  be  entitled  to  claim  and  recover  the  same  of 
the  master  or  owner  in  personam,  notwithstanding  that 
freight  has  not  been  earned.  But  in  all  cases  of  wreck  or 
loss  of  vessel,  proof  that  any  seaman  or  apprentice  has  not 
exerted  himself  to  the  utmost  to  save  the  vessel,  cargo, 
and  stores,  shall  bar  his  claim. 

In  cases  where  the  service  of  any  seaman  terminates  D*ef"'2i52i898 
before  the  period  contemplated  in  the  agreement,  by  rea-  sees.  ' 
son  of  the  loss  or  wreck  of  the  vessel,  such  seaman  shall 
be  entitled  to  wages  for  the  time  of  service  prior  to  such 
termination,  but  not  for  any  further  period.  Such  sea- 
man shall  be  considered  as  a  destitute  seaman  and  shall 
be  treated  and  transported  to  port  of  shipment  as  pro- 
vided in  sections  forty-five  hundred  and  seventy-seven, 
forty-five  hundred  and  seventy-eight,  and  forty-five  hun- 
dred and  seventy-nine  of  the  Revised  Statutes  of  the 
United  States.  [This  section  shall  not  apply  to  fishing 
or  whaling  vessels  or  yachts— Dec.  21, 1898,  sec.  26.] 

Any  seaman  who  has  signed  an  agreement  and  is  after-  R-  s>  4527- 
ward  discharged  before  the  commencement  of  the  voyage 
or  before  one  month's  wages  are  earned,  without  fault  on 
his  part  justifying  such  discharge,  and  without  his  con- 
sent, shall  be  entitled  to  receive  from  the  master  or  owner, 
in  addition  to  any  wages  he  may  have  earned,  a  sum  equal 
in  amount  to  one  month's  wages  as  compensation,  and 
may,  on  adducing  evidence  satisfactory  to  the  court  hear- 


80  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

ing  the  case,  of  having  been  improperly  discharged,  re- 
cover such  compensation  as  if  it  were  wages  duly  earned. 

r.  s.,  4528.  No  seaman  or  apprentice  shall  be  entitled  to  wages  for 

any  period  during  which  he  unlawfully  refuses  or  neg- 
lects to  work  when  required,  after  the  time  fixed  by  the 
agreement  for  him  to  begin  work,  nor,  unless  the  court 
hearing  the  case  otherwise  directs,  for  any  period  during 
which  he  is  lawfully  imprisoned  for  any  offense  com- 
mitted by  him. 

it.  s.,  4529.  The  master  or  owner  or  any  vessel  making  coasting 

Dec.  21,  1898.  i     n  ,  i  •  -,i  •       . 

sec.  4.  voyages  shall  pay  to  every  seaman  his  wages  withm  two 

sec!e428'  19°6'  days  after  the  termination  of  the  agreement  under  which 
Maf.  4,  1915.  he  was  shipped,  or  at  the  time  such  seaman  is  discharged, 
'"(Effective be- whichever  first  happens;  and  in  case  of  vessels  making 
i9i&0g  N°v' 4'  foreign  voyages,  or  from  a  port  on  the  Atlantic  to  a  port 
on  the  Pacific,  or  vice  versa,  within  twenty-four  hours 
after  the  cargo  has  been  discharged,  or  within  four  days 
after  the  seaman  has  been  discharged,  whichever  first 
happens ;  and  in  all  cases  the  seaman  shall  be  entitled  to 
be  paid  at  the  time  of  his  discharge  on  account  of  wages 
a  sum  equal  to  one-third  part  of  the  balance  due  him. 
Every  master  or  owner  who  refuses  or  neglects  to  make 
payment  in  the  manner  hereinbefore  mentioned  without 
sufficient  cause  shall  pay  to  the  seaman  a  sum  equal  to 
two  da}^s'  pay  for  each  and  every  day  during  which  pay- 
ment is  delayed  beyond  the  respective  periods,  which 
sum  shall  be  recoverable  as  wages  in  any  claim  made  be- 
fore the  court ;  but  this  section  shall  not  apply  to  masters 
or  owners  of  any  vessel  the  seamen  of  which  are  entitled 
to  share  in  the  profits  of  the  cruise  or  voyage.  [This 
section  shall  not  apply  to  fishing  or  whaling  vessels  or 
yachts— Dec.  21,  1898,  sec.  26— but  this  section  shall 
apply  to  all  vessels  engaged  in  the  taking  of  ovsters— 
June  28,  1906,  sec.  4.] 
r  s.,  4530.  Every  seaman  on  a  vessel  of  the  United  States  shall  be 

Sec.'!.1'1898"  entitled  to  receive  on  demand  from  the  master  of  the 
Mecr-4^'  1915'  vessel  to  which  he  belongs  one-half  part  of  the  wages 
(Effective  on  which  he  shall  have  then  earned  at  every  port  where  such 
sVe™ei  beginning  vessel,  after  the  voyage  has  been  commenced,  shall  load 
onV-ve4ssels91  Vi or  deliver  cargo  before  the  voyage  is  ended  and  all  stipu- 
foreign  nations  lations  in  the  contract  to  the  contrary  shall  be  void :  Pro- 
Freaties  Mar.7,  vided,  Such  a  demand  shall  not  be  made  before  the  expi- 
seil6  ;of0nother  ration  of ,  nor  of tener  than  once  in  five  days.  Any  failure 
f  oSr  ei  g  n°  na-  on  the  part  of  the  master  to  comply  with  this  demand 
m°inSa¥ionteof  shall  release  the  seaman  from  his  contract  and  he  shall 
treaties.)  jje  entitled  to  full  payment  of  wages  earned.    And  when 

the  voyage  is  ended  every  such  seaman  shall  be  entitled 
to  the*  remainder  of  the  wages  which  shall  then  be  clue 
him,  as  provided  in  section  forty-five  hundred  and 
twenty-nine  of  the  Revised  Statutes:  Provided  further. 
That  notwithstanding  any  release  signed  by  any  seaman 
under  section  forty-five  hundred  and  fifty-two  of  the 
Revised  Statutes  any  court  having  jurisdiction  may  upon 
good  cause  shown  set  aside  such  release  and  take  such 


PART   V. MERCHANT    SEAMEN".  81 

action  as  justice  shall  require:  And  provided  further, 
That  this  section  shall  apply  to  seamen  on  foreign  vessels 
while  in  harbors  of  the  United  States,  and  the  courts  of 
the  United  States  shall  be  open  to  such  seamen  for  its 
enforcement.  [This  section  shall  not  apply  to  fishing 
or  whaling  vessels  or  yachts — Dec.  21,  1898,  sec.  26.] 

Whenever  the  wages  of  any  seaman  are  not  paid  within  R.  s.,  4546. 
ten  days  after  the  time  when  the  same  ought  to  be  paid  ac- 
cording to  the  provisions  of  this  Title  [E,  S.,  4501-4613], 
or  any  dispute  arises  between  the  master  and  seamen 
touching  wages,  the  district  judge  for  the  judicial  district 
where  the  vessel  is,  or  in  case  his  residence  be  more  than 
three  miles  from  the  place,  or  he  be  absent  from  the  place 
of  his  residence,  then,  any  judge  or  justice  of  the  peace, 
or  any  commissioner  of  a  district  court,  may  summon  the  May  28, 1896. 
master  of  such  vessel  to  appear  before  him,  to  show  cause 
why  process  should  not  issue  against  such  vessel,  her 
tackle,  apparel,  and  furniture,  according  to  the  course  of 
admiralty  courts,  to  answer  for  the  wages. 

If  the  master  against  whom  such  summons  is  issued  ^  s"2i5^898 
neglects  to  appear,  or,  appearing,  does  not  show  that  the  sec.'6~.  ' 
wages  are  paid  or  otherwise  satisfied  or  forfeited,  and  if  sec.e4?8'  19°6' 
the  matter  in  dispute  is  not  forthwith  settled,  the  judge 
or  justice  or  commissioner  shall  certify  to  the  clerk  of  the 
district  court  that  there  is  sufficient  cause  of  complaint 
whereon  to  found  admiralty  process;  and  thereupon  the 
clerk  of  such  court  shall  issue  process  against  the  vessel. 
In  all  cases  where  the  matter  in  demand  does  not  exceed 
one  hundred  dollars  the  return  day  of  the  monition  or 
citation  shall  be  the  first  day  of  a  stated  or  special  session 
of  court  next  succeeding  the  third  day  after  the  service 
of  the  monition  or  citation,  and  on  the  return  of  process 
in  open  court,  duly  served,  either  party  may  proceed 
therein  to  proofs  and  hearing  without  other  notice,  and 
final  judgment  shall  be  given  according  to  the  usual 
course  of  admiralty  courts  in  such  cases.  In  such  suits 
all  the  seamen  having  cause  of  complaint  of  the  like  kind 
against  the  same  vessel  may  be  joined  as  complainants, 
and  it  shall  be  incumbent  on  the  master  to  produce  the 
contract  and  log  book,  if  required  to  ascertain  any  matter 
in  dispute;  otherwise  the  complainants  shall  be  permitted 
to  state  the  contents  thereof,  and  the  burden  of  proof  of 
the  contrary  shall  be  on  the  master.  But  nothing  herein 
contained  shall  prevent  any  seaman  from  maintaining 
any  action  at  common  law  for  the  recovery  of  his  wages, 
or  having  immediate  process  out  of  any  court  having 
admiralty  jurisdiction  wherever  any  vessel  may  be  found, 
in  case  she  shall  have  left  the  port  of  delivery  where  her 
voyage  ended  before  payment  of  the  wages,  or  in  case  she 
shall  be  about  to  proceed  to  sea  before  the  end  of  the  ten 
days  next  after  the  day  when  such  wages  are  due,  in  ac- 
cordance with  section  forty-five  hundred  and  twenty-nine 
of  the  Revised  Statutes.  [This  section  shall  not  apply  to 
fishing  or  whaling  vessels  or  yachts — Dec.  21,  1898,  sec. 
26 — but  this  section  shall  apply  to  all  vessels  engaged  in 
the  taking  of  oysters — June  28,  1906,  sec.  4.] 

143562°— 19 6 


NAVIGATION    LAWS    OF    THE    UNITED    STATES. 


r.  s.(  4548.  Moneys  paid  under  the  laws  of  the  United  States,  by 

direction  of  consular  officers  or  agents,  at  any  foreign  port 
or  place,  as  wages,  extra  or  otherwise,  due  American  sea- 
men, shall  be  paid  in  gold  or  its  equivalent,  without  any 
deduction  whatever  any  contract  to  the  contrary  notwith- 
standing. 

r.  s.,  4603.  Any  question  concerning  the  forfeiture  of,  or  deduc- 

tions from,  the  wages  of  any  seaman  or  apprentice,  may 
be  determined  in  any  proceeding  lawfully  instituted  with 
respect  to  such  wages,  notwithstanding  the  offense  in  re- 
spect of  which  such  question  arises,  though  hereby  made 
punishable  by  imprisonment  as  well  as  forfeiture,  has  not 
been  made  the  subject  of  any  criminal  proceeding. 

r.  s.,  4605.  Whenever  in  any  proceeding  relating  to  seamen's  wages 

it  is  shown  that  any  seaman  or  apprentice  has,  in  the 
course  of  the  voyage,  been  convicted  of  any  offense  by 
any  competent  tribunal,  and  rightfully  punished  therefor, 
by' imprisonment  or  otherwise,  the  court  hearing  the  case 
may  direct  a  part  of  the  wages  due  to  such  seaman  not 
exceeding  fifteen  dollars,  to  be  applied  in  reimbursing 
any  costs  properly  incurred  by  the  master  in  procuring 
such  conviction  and  punishment. 

97.  Vessels  exempt  from  libel  for  wages. 

r.  s.,  4251.  xr0  canal-boat,  without  masts  or  steam  power,  which  is 

required  to  be  registered,  licensed,  or  enrolled  and 
licensed,  shall  be  subject  to  be  libeled  in  any  of  the 
United  States  courts  for  the  wages  of  any  person  who 
may  be  employed  on  board  thereof,  or  in  navigating  the 
same. 

98.  Advances  and  allotments  of  wages. 

Dec.o2i,  1898.  (a)  It  shall  be,  and  is  hereby,  made  unlawful  in  any 
ApCr.226,  1904.  case  to  pay  any  seaman  wages  in  advance  of  the  time 
se?e428'  19°6-  wnen  ne  lias  actually  earned  the  same,  or  to  pay  such  ad- 
Mar.  4, 1915.  vance  wages,  or  to  make  any  order,  or  note,  or  other 
^Effective  on  evidence  of  indebtedness  therefor  to  any  other  person, 
s^ser  be -inking  or  to  pay  any  person,  for  the  shipment  of  seamen  when 
Nov.  4,°  1915I  payment  is  deducted  or  to  be  deducted  from  a  seaman's 
foreign  nations  wages.  Any  person  violating  any  of  the  foregoing  provi- 
n-eatTel  Mear  %  sions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
1916 ;  on'  v'es'  meanor,  and  upon  conviction  shall  be  punished  by  a  fine 
foSr  efg  n0tna-  of  not  less  than  $25  nor  more  than  $100,  and  may  also 
mTn aatfionteof  be  imprisoned  for  a  period  of  not  exceeding  six  months, 
treaties.)  at  the  discretion  of  the  court.    The  payment  of  such  ad- 

vance wages  or  allotment  shall  in  no  case  except  as  herein 
provided  absolve  the  vessel  or  the  master  or  the  owner 
thereof  from  the  full  payment  of  wages  after  the  same 
shall  have  been  actually  earned,  and  shall  be  no  defense 
to  a  libel  suit  or  action  for  the  recovery  of  such  wages. 
If  any  person  shall  demand  or  receive,  either  directly  or 
indirectly,  from  any  seaman  or  other  person  seeking  em- 
ployment, as  seaman,  or  from  any  person  on  his  behalf, 
any  remuneration  whatever  for  providing  him  with  em- 
ployment, he  shall  for  every  such  offense  be  deemed  guilty 
of  a  misdemeanor  and  shall  be  imprisoned  not  more  than 
six  months  or  fined  not  more  than  $500. 


PART  V. MERCHANT    SEAMEN.  83 

(b)  It  shall  be  lawful  for  any  seaman  to  stipulate  in 
his  shipping  agreement  for  an  allotment  of  any  portion 
of  the  wages  he  may  earn  to  his  grandparents,  parents, 
wife,  sister,  or  children. 

(c)  No  allotment  shall  be  valid  unless  in  writing  and 
signed  by  and  approved  by  the  shipping  commissioner. 
It  shall  be  the  duty  of  the  said  commissioner  to  examine 
such  allotments  and  the  parties  to  them  and  enforce 
compliance  with  the  law.  All  stipulations  for  the  allot- 
ment of  any  part  of  the  wages  of  a  seaman  during  his 
absence  which  are  made  at  the  commencement  of  the 
voyage  shall  be  inserted  in  the  agreement  and  shall  state 
the  amounts  and  times  of  the  payments  to  be  made  and 
the  persons  to  whom  the  payments  are  to  be  made. 

(d)  No  allotment  except  as  provided  for  in  this  sec- 
tion shall  be  lawful.  Any  person  who  shall  falsely  claim 
to  be  such  relation,  as  above  described,  of  a  seaman  under 
this  section  shall  for  every  such  offense  be  punished  by 
a  fine  not  exceeding  $500  or  imprisonment  not  exceeding 
six  months,  at  the  discretion  of  the  court. 

(e)  This  section  shall  apply  as  well  to  foreign  vessels 
while  in  waters  of  the  United  States,  as  to  vessels  of 
the  United  States,  and  any  master,  owner,  consignee, 
or  agent  of  any  foreign  vessel  who  has  violated  its  pro- 
visions shall  be  liable  to  the  same  penalty  that  the  master, 
owner,  or  agent  of  a  vessel  of  the  United  States  would  be 
for  similar  violation. 

The  master,  owner,  consignee,  or  agent  of  any  vessel  of 
the  United  States,  or  of  any  foreign  vessel  seeking  clear- 
ance from  a  port  of  the  United  States,  shall  present  his 
shipping  articles  at  the  office  of  clearance,  and  no  clear- 
ance shall  be  granted  any  such  vessel  unless  the  provi- 
sions of  this  section  have  been  complied  with. 

(f )  Under  the  direction  of  the  Secretary  of  Commerce 
the  Commissioner  of  Navigation  shall  make  regulations 
to  carry  out  this  section.  [This  section  shall  not  apply 
to  fishing  or  whaling  vessels  or  yachts — Dec.  21,  1898, 
sec.  26 — but  this  section  shall  apply  to  all  vessels  engaged 
in  the  taking  of  oysters — June  28,  1906,  sec.  4.] 

99.  Wages  and  clothing  exempt  from  attachment. 

No  wages  due  or  accruing  to  any  seaman  or  apprentice  ^\f  1915- 
shall  be  subject  to  attachment  or  arrestment  from  any  (Effective   be- 
court,  and  every  payment  of  wages  to  a  seaman  or  ap-  19° 51"6  Nov-4- 
prentice  shall  be  valid  in  law,  notwithstanding  any  pre- 
vious sale  or  assignment  of  wages  or  of  any  attachment, 
encumbrance,  or  arrestment  thereon ;  and  no  assignment 
or  sale  of  wages  or  of  salvage  made  prior  to  the  accruing 
thereof  shall  bind  the  party  making  the  same,  except  such 
allotments  as  are  authorized  by  this  title.     This  section 
shall  apply  to  fishermen  employed  on  fishing  vessels  as 
well  as  to  seamen :  Provided^  That  nothing  contained  in 
this  or  any  preceding  section  shall  interfere  with  the 
order  by  any  court  regarding  the  payment  by  any  seaman 
of  any  part  of  his  wages  for  the  support  and  maintenance 
of  his  wife  and  minor  children. 


84  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Apr'.  I?!  loo?!  ^he  clothing  of  any  seaman  shall  be  exempt  from 
'  attachment,  and  any  person  who  shall  detain  such  cloth- 
ing when  demanded  by  the  owner  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall  be  imprisoned  not  more  than 
six  months  or  fined  not  more  than  five  hundred  dollars, 
or  both. 

r.  s.,  4537.  n0  Sllm  exceeding  one  dollar  shall  be  recoverable  from 

any  seaman,  by  any  one  person,  for  any  debt  contracted 
during  the  time  such  seaman  shall  actually  belong  to  any 
vessel,  until  the  voyage  for  which  such  seaman  engaged 
shall  be  ended. 

100.  Desertion  of  seamen  abroad. 

Def."2i!0i089S.  It  shall  be  the  duty  of  all  consular  officers  to  discoun- 
Mai-24*i9i5  Penance  insubordination  by  every  means  in  their  power 
See.*8. '  "  and,  where  the  local  authorities  can  be  usefully  employed 
j;innin|ctNovbl!  ^or  tna*  PurPose?  to  lend  their  aid  and  use  their  exertions 
1915.)  't0  tlaat  end  in  the  most  effectual  manner.     In  all  cases 

where  seamen  or  officers  are  accused,  the  consular  officer 
shall  inquire  into  the  facts  and  proceed  as  provided  in 
section  forty-five  hundred  and  eighty-three  of  the  Revised 
Statutes;  and  the  officer  discharging  such  seaman  shall 
enter  upon  the  crew  list  and  shipping  articles  and  official 
log  the  cause  of  such  discharge  and  the  particulars  in 
which  the  cruel  or  unusual  treatment  consisted  and  sub- 
scribe his  name  thereto  officially.  He  shall  read  the  entry 
made  in  the  official  log  to  the  master,  and  his  reply 
thereto,  if  any,  shall  likewise  be  entered  and  subscribed  in 
the  same  manner. 

101.  Desertion  of  foreign  seamen  in  the  United  States. 

r.  s.,  5280.  On  application  of  a  consul  or  vice-consul  of  any  foreign  ' 

government  having  a  treaty  with  the  United  States  stipu- 
lating for  the  restoration  of  seamen  deserting,  made  in 
writing,  stating  that  the  person  therein  named  has  de- 
serted from  a  vessel  of  any  such  government,  while  in  any 
port  of  the  United  States,  and  on  proof  by  the  exhibition 
of  the  register  of  the  vessel,  ship's  roll,  or  other  official 
document,  that  the  person  named  belonged,  at  the  time  of 
desertion,  to  the  crew  of  such  vessel,  it  shall  be  the  duty 
of  any  court,  judge,  commissioner  of  any  circuit  court, 
justice,  or  other  magistrate,  having  competent  power,  to 
issue  warrants  to  cause  such  person  to  be  arrested  for 
examination.  If,  on  examination,  the  facts  stated  are 
found  to  be  true,  the  person  arrested  not  being  a  citizen 
of  the  United  States,  shall  be  delivered  up  to  the  consul 
or  vice-consul,  to  be  sent  back  to  the  dominions  of  any 
such  government,  or,  on  the  request  and  at  the  expense  of 
the  consul  or  vice-consul,  shall  be  detained  until  the  con- 
sul or  vice-consul  finds  an  opportunity  to  send  him  back 
to  the  dominions  of  any  such  government.  Xo  person 
so  arrested  shall  be  detained  more  than  two  months  after 
his  arrest ;  but  at  the  end  of  that  time  shall  be  set  at  lib- 
erty, and  shall  not  be  again  molested  for  the  same  cause. 
If  any  such  deserter  shall  be  found  to  have  committed 
any  crime  or  offense,  his  surrender  may  be  delayed  until 


PAET   V. MERCHANT    SEAMEN.  85 

the  tribunal  before  which  the  case  shall  be  depending,  or 
may  be  cognizable,  shall  have  pronounced  its  sentence, 
and  such  sentence  shall  have  been  carried  into  effect. 

102.  Repeal  of  treaties  and  conventions. 

In  the  judgment  of  Congress  articles  in  treaties  and  ^"\q\  1915- 
conventions  of  the  United  States,  in  so  far  as  they  provide 
for  the  arrest  and  imprisonment  of  officers  and  seamen 
deserting  or  charged  with  desertion  from  merchant  ves- 
sels of  the  United  States  in  foreign  countries,  and  for  the 
arrest  and  imprisonment  of  officers  and  seamen  deserting 
or  charged  with  desertion  from  merchant  vessels  of  for- 
eign nations  in  the  United  States  and  the  Territories  and 
possessions  thereof,  and  for  the  cooperation,  aid,  and  pro- 
tection of  competent  legal  authorities  in  effecting  such 
arrest  or  imprisonment  and  any  other  treaty  provision  in 
conflict  with  the  provisions  of  this  Act,  ought  to  be  ter- 
minated, and  to  this  end  the  President  be,  and  he  is 
hereby,  requested  and  directed,  within  ninety  days  after 
the  passage  of  this  Act,  to  give  notice  to  the  several  Gov- 
ernments, respectively,  that  so  much  as  hereinbefore  de- 
scribed of  all  such  treaties  and  conventions  between  the 
United  States  and  foreign  Governments  will  terminate 
on  the  expiration  of  such  periods  after  notices  have  been 
given  as  may  be  required  in  such  treaties  and  conventions. 

Upon  the  expiration  after  notice  of  the  periods  re-  Sec- 17- 
quired,  respectively,  by  said  treaties  and  conventions  and 
of  one  year  in  the  case  of  the  independent  State  of  the 
Kongo,  so  much  as  hereinbefore  described  in  each  and 
every  one  of  said  articles  shall  be  deemed  and  held  to 
have  expired  and  to  be  of  no  force  and  effect,  and  there- 
upon section  fifty-two  hundred  and  eighty  and  so  much 
of  section  four  thousand  and  eighty-one  of  the  Revised 
Statutes  as  relates  to  the  arrest  or  imprisonment  of  offi- 
cers and  seamen  deserting  or  charged  with  desertion  from 
merchant  vessels  of  foreign  nations  in  the  United  States 
and  Territories  and  possessions  thereof,  and  for  the  co- 
operation, aid,  and  protection  of  competent  legal  authori- 
ties in  effecting  such  arrest  or  imprisonment,  shall  be, 
and  is  hereby,  repealed. 

103.  Arbitration  before  shipping  commissioner. 

Every  shipping-commissioner  shall  hear  and  decide  any  Aug.'i9,5i890 
question  whatsoever  between  a  master,  consignee,  agent, 
or  owner,  and  any  of  his  crew,  which  both  parties  agree  in 
writing  to  submit  to  him;  and  every  award  so  made  by 
him  shall  be  binding  on  both  parties,  and  shall,  in  any 
legal  proceedings  which  may  be  taken  in  the  matter,  be- 
fore any  court  of  justice,  be  deemed  to  be  conclusive  as  to 
the  rights  of  parties.  And  any  document  under  the  hand 
and  official  seal  of  a  commissioner  purporting  to  be  such 
submission  or  award,  shall  be  prima-facie  evidence 
thereof. 

In  any  proceeding  relating  to  the  wages,  claims,  or  dis-  R-  s.,4555. 
charge  of  a  seaman,  carried  on  before  any  shipping-com- 
missioner, under  the  provisions  of  this  Title  [R.  S.,  4501- 


86  NAVIGATION    LAWS    OP    THE    UNITED   STATES. 

4613],  such  shipping-commissioner  may  call  upon  the 
owner,  or  his  agent,  or  upon  the  master,  or  any  mate,  or 
any  other  member  of  the  crew,  to  produce  any  log-books, 
papers,  or  other  documents  in  their  possession  or  power, 
respectively,  relating  to  any  matter  in  question  in  such 
proceedings,  and  may  call  before  him  and  examine  any  of 
such  persons,  being  then  at  or  near  the  place,  on  any  such 
matter;  and  every  owner,  agent,  master,  mate,  or  other 
member  of  the  crew  who,  when  called  upon  by  the  ship- 
ping-commissioner, does  not  produce  any  such  books, 
papers,  or  documents,  if  in  his  possession  or  power,  or 
does  not  appear  and  give  evidence,  shall,  unless  he  shows 
some  reasonable  cause  for  such  a  default,  be  liable  to  a 
penalty  of  not  more  than  one  hundred  dollars  for  each 
offense;  and,  on  application  made  by  the  shipping-com- 
missioner, shall  be  further  punished,  in  the  discretion  of 
the  court,  as  in  other  cases  of  contempt  of  the  process  of 
the  court. 

104.  Soliciting1  lodgers. 

a  r"i3°i904  ^'  within  twenty-four  hours  after  the  arrival  of  any 
'  ""  '  vessel  at  any  port  in  the  United  States,  any  person,  then 
being  on  board  such  vessel,  solicits  any  seaman  to  become 
a  lodger  at  the  house  of  any  person  letting  lodgings  for 
hire,  or  takes  out  of  such  vessel  any  effects  of  any  seaman, 
except  under  his  personal  direction,  and  with  the  permis- 
sion of  the  master,  he  shall,  for  every  such  offense,  be 
punishable  by  a  fine  of  not  more  than  fifty  dollars,  or  by 
imprisonment  for  not  more  than  three  months.  This  sec- 
tion shall  apply  to  vessels  of  the  United  States  engaged 
in  the  foreign  trade  and  to  foreign  vessels. 

105.  Return  of  seamen  from  foreign  ports,  Alaska,  and  insular 

ports. 

r.  s.,  4577.  j£  s]ia]i  De  tjie  duty  of  the  consuls,  vice-consuls,  com- 

mercial agents,  and  vice-commercial  agents,  from  time  to 
time,  to  provide  for  the  seamen  of  the  United  States,  who 
may  be  found  destitute  within  their  districts,  respectively, 
sufficient  subsistence  and  passages  to  some  port  in  the 
United  States,  in  the  most  reasonable  manner,  at  the  ex- 
pense of  the  United  States,  subject  to  such  instructions  as 
the  Secretary  of  State  shall  give.  The  seamen  shall,  if 
able,  be  bound  to  do  duty  on  board  the  vessels  in  which 
they  may  be  transported,  according  to  their  several 
abilities. 

Mar.  4, 1919.  Relief  and  protection  of  American  seamen  in  foreign 
countries,  and  in  the  Panama  Canal  Zone,  and  ship- 
wrecked American  seamen  in  the  Territory  of  Alaska,  in 
the  Hawaiian  Islands,  Porto  Rico,  and  the  Philippine 
Islands,  $100,000. 

Sin? "265ils4       All  masters  of  vessels  of  the  United  States,  and  bound 

sec.e9.  '  '  to  some  port  of  the  same,  are  required  to  take  such  desti- 
tute seamen  on  board  their  vessels,  at  the  request  of  con- 
sular officers,  and  to  transport  them  to  the  port  in  the 
United  States  to  which  such  vessel  may  be  bound,  on  such 
terms,  not  exceeding  ten  dollars  for  each  person  for  voy- 
ages of  not  more  than  thirty  days,  and  not  exceeding 


PART   V. MERCHANT    SEAMEN.  87 

twenty  dollars  for  each  person  for  longer  voyages,  as  may  gj^g9,  *886' 
be  agreed  between  the  master  and  the  consular  officer, 
when  the  transportation  is  by  a  sailing  vessel;  and  the 
regular  steerage  passenger  rate  not  to  exceed  two  cents 
per  mile  when  the  transportation  is  by  steamer;  and  said 
consular  officer  shall  issue  certificates  for  such  transporta- 
tion, which  certificates  shall  be  assignable  for  collection. 
If  any  such  destitute  seaman  is  so  disabled  or  ill  as  to  be 
unable  to  perform  duty,  the  consular  officer  shall  so  cer- 
tify in  the  certificate  of  transportation,  and  such  addi- 
tional compensation  shall  be  paid  as  the  Comptroller  of 
the  Treasury  shall  deem  proper.  Every  such  master  who 
refuses  to  receive  and  transport  such  seamen  on  the  re- 
quest or  order  of  such  consular  officer  shall  be  liable  to  the 
United  States  in  a  penalty  of  one  hundred  dollars  for 
each  seaman  so  refused.  The  certificate  of  any  such  con- 
sular officer,  given  under  his  hand  and  official  seal,  shall 
be  presumptive  evidence  of  such  refusal  in  any  court  of 
law  having  jurisdiction  for  the  recovery  of  the  penalty. 
No  master  of  any  vessel  shall,  however,  be  obliged  to  take 
a  greater  number  than  one  man  to  every  one  hundred 
tons  burden  of  the  vessel  on  any  one  voyage,  or  to  take 
any  seaman  having  a  contagious  disease. 

Whenever  distressed  seamen  of  the  United  States  are  R-  s-  457°- 
transported  from  foreign  ports  where  there  is  no  consular 
officer  of  the  United  States,  to  ports  of  the  United  States, 
there  shall  be  allowred  to  the  master  or  owner  of  each  ves- 
sel, in  which  they  are  transported,  such  reasonable  com- 
pensation, in  addition  to  the  allowance  now  fixed  by  law, 
as  shall  be  deemed  equitable  by  the  Comptroller  of  the 
Treasury. 

106.  Effects  of  deceased  seamen. 

Whenever  any  seaman  or  apprentice  belonging  to  or  R-  s-» 453a 
sent  home  on  any  merchant  vessel,  whether  a  foreign- 
going  or  domestic  vessel,  employed  on  a  voyage  which  is 
to  terminate  in  the  United  States,  dies  during  such  voy- 
age, the  master  shall  take  charge  of  all  moneys,  clothes, 
and  effects  which  he  leaves  on  board,  and  shall,  if  he 
thinks  fit,  cause  all  or  any  of  such  clothes  and  effects  to 
be  sold  by  auction  at  the  mast  or  other  public  auction,  and 
shall  thereupon  sign  an  entry  in  the  official  log-book,  and 
cause  it  to  be  attested  by  the  mate  and  one  of  the  crew, 
containing  the  following  particulars : 

First.  A  statement  of  the  amount  of  money  so  left  by 
the  deceased. 

Second.  In  case  of  a  sale,  a  description  of  each  article 
sold,  and  the  sum  received  for  each. 

Third.  A  statement  of  the  sum  due  to  deceased  as 
wages,  and  the  total  amount  of  deductions,  if  any,  to  be 
made  therefrom. 

In  cases  embraced  by  the  preceding  section,  the  follow-  R- s-  4539- 
ing  rules  shall  be  observed : 

First.  If  the  vessel  proceeds  at  once  to  any  port  in  the 
United  States,  the  master  shall,  within  forty-eight  hours 
after  his  arrival,  deliver  any  such  effects  remaining  un- 


88  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

sold,  and  pay  any  money  which  he  has  taken  charge  of,  or 
received  from  such  sale,  and  the  balance  of  wages  due  to 
the  deceased,  to  the  shipping-commissioner  at  the  port  of 
destination  in  the  United  States. 

Second.  If  the  vessel  touches  and  remains  at  some  for- 
eign port  before  coming  to  any  port  in  the  United  States, 
the  master  shall  report  the  case  to  the  United  States  con- 
sular officer  there,  and  shall  give  to  such  officer  any  infor- 
mation he  requires  as  to  the  destination  of  the  vessel  and 
probable  length  of  the  voyage ;  and  such  officer  may,  if  he 
considers  it  expedient  so  to  do,  require  the  effects,  money, 
and  wages  to  be  delivered  and  paid  to  him,  and  shall,  upon 
such  delivery  and  payment,  give  to  the  master  a  receipt ; 
and  the  master  shall  within  forty-eight  hours  after  his 
arrival  at  his  port  of  destination  in  the  United  States  pro- 
duce the  same  to  the  shipping-commissioner  there.  Such 
consular  officer  shall,  in  any  such  case,  indorse  and  certify 
upon  the  agreement  with  the  crew  the  particulars  with 
respect  to  such  delivery  and  payment. 

Third.  If  the  consular  officer  does  not  require  such  pay- 
ment and  delivery  to  be  made  to  him,  the  master  shall  take 
charge  of  the  effects,  money,  and  wages,  and  shall,  within 
forty-eight  hours  after  his  arrival  at  his  port  of  destina- 
tion in  the  United  States,  deliver  and  pay  the  same  to  the 
shipping-commissioner  there. 

Fourth.  The  master  shall,  in  all  cases  in  which  any 
seaman  or  apprentice  dies  during  the  voyage  or  engage- 
ment, give  to  such  officer  or  shipping-commissioner  an  ac- 
count, in  such  form  as  they  may  respectively  require,  of 
the  effects,  money,  and  wages  so  to  be  delivered  and  paid ; 
and  no  deductions  claimed  in  such  account  shall  be  al- 
lowed unless  verified  by  an  entry  in  the  official  log-book, 
if  there  be  any;  and  by  such  other  vouchers,  if  any,  as 
may  be  reasonably  required  by  the  officer  or  shipping-com- 
missioner to  whom  the  account  is  rendered. 

Fifth.  Upon  due  compliance  with  such  of  the  provisions 
of  this  section  as  relate  to  acts  to  be  done  at  the  port  of 
destination  in  the  United  States,  the  shipping-commis- 
sioner shall  grant  to  the  master  a  certificate  to  that  effect. 
No  officer  of  customs  shall  clear  any  foreign-going  vessel 
without  the  production  of  such  certificate. 
r.  s.,  4540.  Whenever  any  master  fails  to  take  such  charge  of  the 

money  or  other  effects  of  a  seaman  or  apprentice  during  a 
voyage,  or  to  make  such  entries  in  respect  thereof,  or  to 
procure  such  attestation  to  such  entries,  or  to  make  such 
payment  or  delivery  of  any  money,  wages,  or  effects  of 
any  seaman  or  apprentice  dying  during  a  voyage,  or  to 
give  such  account  in  respect  thereof  as  is  above  directed, 
he  shall  be  accountable  for  the  money,  wages,  and  effects 
of  the  seaman  or  apprentice  to  the  district  court  in  whose 
jurisdiction  such  port  of  destination  is  situate,  and  shall 
pay  and  deliver  the  same  accordingly;  and  he  shall,  in 
addition,  for  every  such  offense,  be  liable  to  a  penalty  of 


PART   V. MERCHANT    SEAMEN.  89 

not  more  than  treble  the  value  of  the  money  or  effects,  or, 
if  such  value  is  not  ascertained,  not  more  than  two  hun- 
dred dollars ;  and  if  any  such  money,  wages,  or  effects  are 
not  duly  paid,  delivered,  and  accounted  for  by  the  master, 
the  owner  of  the  vessel  shall  pay,  deliver,  and  account  for 
the  same,  and  such  money  and  wages  and  the  value  of 
such  effects  shall  be  recoverable  from  him  accordingly; 
and  if  he  fails  to  account  for  and  pay  the  same,  he  shall, 
in  addition  to  his  liability  for  the  money  and  value,  be 
liable  to  the  same  penalty  which  is  incurred  by  the  master 
for  a  like  offense ;  and  all  money,  wages,  and  effects  of  any 
seaman  or  apprentice  dying  during  a  voyage  shall  be 
recoverable  in  the  courts  and  by  the  modes  of  proceeding 
by  which  seamen  are  enabled  to  recover  wages  due  to 
them. 

Whenever  any  such  seaman  or  apprentice  dies  at  any  S--  s''s5iso7 
place  out  of  the  United  States,  leaving  any  money  or  sec!v 
effects  not  on  board  of  his  vessel,  the  consular  officer  of  the 
United  States  at  or  nearest  the  place  shall  claim  and  take 
charge  of  such  money  and  effects,  and  shall,  if  he  thinks 
fit,  sell  all  or  any  of  such  effects,  or  any  effects  of  any 
deceased  seaman  or  apprentice  delivered  to  him  under  the 
provisions  of  this  Title  [R.  S.,  4501-4613],  and  shall 
quarterly  remit  to  the  district  court  for  the  district  em- 
bracing the  port  from  which  such  vessel  sailed,  or  the  port 
where  the  voyage  terminates,  all  moneys  belonging  to  or 
arising  from  the  sale  of  the  effects  or  paid  as  the  wages  of 
any  deceased  seamen  or  apprentices  which  have  come  to 
his  hands;  and  shall  render  sucli  accounts  thereof  as  the 
circuit  court  requires. 

Whenever  any  seaman  or  apprentice  dies  in  the  United  R.  s.,  4542. 
States,  and  is,  at  the  time  of  his  death,  entitled  to  claim 
from  the  master  or  owner  of  any  vessel  in  which  he  has 
served,  any  unpaid  wages  or  effects,  such  master  or  owner 
shall  pay  and  deliver,  or  account  for  the  same,  to  the  ship-  ^r-63,  1897- 
ping-commissioner    at   the    port    where   the    seaman   or  k£ 
apprentice   was  discharged,   or   was  to   have  been   dis- 
charged, or  where  he  died. 

Every  shipping-commissioner  in  the  United  States  R-  s->  4543« 
shall,  within  one  week  from  the  date  of  receiving  any  such 
money,  wages,  or  effects  of  any  deceased  seaman  or  ap- 
prentice, pay,  remit,  or  deliver  to  the  district  court  of  the 
district  in  which  he  resides,  the  money,  wages,  or  effects, 
subject  to  such  deductions  as  may  be  allowed  by  the  dis- 
trict court  for  expenses  incurred  in  respect  to  such  money 
and  effects;  and  should  any  commissioner  fail  to  pay, 
remit,  and  deliver  the  same  to  the  district  court,  within 
the  time  hereinbefore  mentioned,  he  shall  incur  a  penalty 
of  not  more  than  treble  the  value  of  such  money  and 
effects. 

If  the  money  and  effects  of  any  seaman  or  apprentice  r.  s.,  4544. 
paid,  remitted,  or  delivered  to  the  district  court,  includ- 
ing the  moneys  received  for  any  part  of  his  effects  which 


90  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

have  been  sold,  either  before  delivery  to  the  district  court, 
or  by  its  directions,  do  not  exceed  in  value  the  sum  of 
three  hundred  dollars,  then,  subject  to  the  provisions  here- 
inafter contained,  and  to  all  such  deductions  for  expenses 
incurred  in  respect  to  the  seaman  or  apprentice,  or  of  his 
money  and  effects,  as  the  said  court  thinks  fit  to  allow, 
the  court  may  pay  and  deliver  the  said  money  and  effects 
to  any  claimants  who  can  prove  themselves  either  to  be 
his  widow  or  children,  or  to  be  entitled  to  the  effects  of 
the  deceased  under  his  will,  or  under  any  statute,  or  at 
common  law,  or  to  be  entitled  to  procure  probate,  or  take 
out  letters  of  administration  or  confirmation,  although  no 
probate  or  letters  of  administration  or  confirmation  have 
been  taken  out,  and  shall  be  thereby  discharged  from  all 
further  liability  in  respect  of  the  money  and  effects  so 
paid  and  delivered;  or  may,  if  it  thinks  fit  so  to  do,  re- 
quire probate,  or  letters  of  administration  or  confirma- 
tion, to  be  taken  out,  and  thereupon  pay  and  deliver  the 
said  money  and  effects  to  the  legal  personal  representa- 
tives of  the  deceased ;  and  if  such  money  and  effects  ex- 
ceed in  value  the  sum  of  three  hundred  dollars,  then,  sub- 
ject to  deduction  for  expenses,  the  court  shall  pay  and 
deliver  the  same  to  the  legal  personal  representatives  of 
the  deceased. 

A  district  court,  in  its  discretion,  may  at  any  time  direct 
the  sale  of  the  whole  or  any  part  of  the  effects  of  a  de- 
ceased seaman  or  apprentice,  which  it  has  received  or  may 
hereafter  receive,  and  shall  hold  the  proceeds  of  such  sale 
as  the  wages  of  deceased  seamen  are  held.  When  no 
claim  to  the  wages  or  effects  or  proceeds  of  the  sale  of  the 
effects  of  a  deceased  seaman  or  apprentice,  received  by  a 
district  court,  is  substantiated  within  six  years  after  the 
receipt  thereof  by  the  court,  it  shall  be  in  the  absolute  dis- 
cretion of  the  court,  if  any  subsequent  claim  is  made, 
either  to  allow  or  refuse  the  same.  Such  courts  shall, 
from  time  to  time,  pay  any  moneys  arising  from  the  un- 
claimed wages  and  effects  of  deceased  seamen,  which  in 
their  opinion  it  is  not  necessary  to  retain  for  the  purpose 
of  satisfying  claims,  into  the  Treasury  of  the  United 
States,  and  such  moneys  shall  form  a  fund  for,  and  be 
appropriated  to,  the  relief  of  sick  and  disabled  and  desti- 
tute seamen  belonging  to  the  United  States  merchant 
marine  service. 
107.  Offenses  and  punishments. 

Def''24i59i898       Whenever  any  seaman  who  has  been  lawfully  engaged 
sec'  19.'  (  \ '  or  any  apprentice  to  the  sea  service  commits  any  of  the 
secr'74'  1915'   following  offenses,  he  shall  be  punished  as  follows : 
ginnin|CNovb4"      First.  For  desertion,  by  forfeiture  of  all  or  any  part 
i9i5.>  'of  the  clothes  or  effects  he  leaves  on  board  and  of  all  or 

any  part  of  the  wages  or  emoluments  which  he  has  then 

earned. 


Mar.  3.  1897. 


PART  V. MERCHANT   SEAMEN.  91 

Second.  For  neglecting  or  refusing  without  reasonable 
cause  to  join  his  vessel  or  to  proceed  to  sea  in  his  ves- 
sel, or  for  absence  without  leave  at  any  time  within 
twenty-four  hours  of  the  vessel's  sailing  from  any  port, 
either  at  the  commencement  or  during  the  progress  of  the 
voyage,  or  for  absence  at  any  time  without  leave  and 
without  sufficient  reason  from  his  vessel  and  from  his 
duty,  not  amounting  to  desertion,  by  forfeiture  from  his 
wages  of  not  more  than  two  days'  pay  or  sufficient  to 
defray  any  expenses  which  shall  have  been  properly 
incurred  in  hiring  a  substitute. 

Third.  For  quitting  the  vessel  without  leave,  after  her 
arrival  at  the  port  of  her  delivery  and  before  she  is  placed 
in  security,  by  forfeiture  from  his  wages  of  not  more 
than  one  month's  pay. 

Fourth.  For  willful  disobedience  to  any  lawful  com- 
mand at  sea,  by  being,  at  the  option  of  the  master,  placed 
in  irons  until  such  disobedience  stiall  cease,  and  upon  ar- 
rival in  port  by  forfeiture  from  his  wages  of  not  more 
than  four  days'  pay,  or,  at  the  discretion  of  the  court,  by 
imprisonment  for  not  more  than  one  month. 

Fifth.  For  continued  willful  disobedience  to  lawful 
command  or  continued  willful  neglect  of  duty  at  sea,  by 
being,  at  the  option  of  the  master,  placed  in  irons,  on 
bread  and  water,  with  full  rations  every  fifth  day,  until 
such  disobedience  shall  cease,  and  upon  arrival  in  port  by 
forfeiture,  for  every  twenty-four  hours'  continuance  of 
such  disobedience  or  neglect,  of  a  sum  of  not  more  than 
twelve  days'  pay,  or  by  imprisonment  for  not  more  than 
three  months,  at  the  discretion  of  the  court. 

Sixth.  For  assaulting  any  master  or  mate,  by  impris- 
onment for  not  more  than  two  years. 

Seventh.  For  willfully  damaging  the  vessel,  or  embez- 
zling or  willfully  damaging  any  of  the  stores  or  cargo, 
by  forfeiture  out  of  his  wages  of  a  sum  equal  in  amount 
to  the  loss  thereby  sustained,  and  also,  at  the  discretion 
of  the  court,  by  imprisonment  for  not  more  than  twelve 
months. 

Eighth.  For  any  act  of  smuggling  for  which  he  is  con- 
victed and  whereby  loss  or  damage  is  occasioned  to  the 
master  or  owner,  he  shall  be  liable  to  pay  such  master  or 
owner  such  a  sum  as  is  sufficient  to  reimburse  the  master 
or  owner  for  such  loss  or  damage,  and  the  whole  or  any 
part  of  his  wages  may  be  retained  in  satisfaction  or  on 
account  of  such  liability,  and  he  shall  be  liable  to  impris- 
onment for  a  period  of  not  more  than  twelve  months. 

Upon  the  commission  of  any  of  the  offenses  enumerated  r'as'.,459j- 
in  the  preceding  section  an  entry  thereof  shall  be  made  in  sec.' 20.' 
the  official  log  book  on  the  day  on  which  the  offense  was 
committed,  and  shall  be  signed  by  the  master  and  by  the 
mate  or  one  of  the  crew ;  and  the  offender,  if  still  in  the 


92 


NAVIGATION    LAWS    OF    THE    UNITED    STATES. 


vessel,  shall, before  her  next  arrival  at  any  port,  or,  if  she 
is  at  the  time  in  port,  before  her  departure  therefrom,  be 
furnished  with  a  copy  of  such  entry,  and  have  the  same 
read  over  distinctly  and  audibly  to  him,  and  may  there- 
upon make  such  a  reply  thereto  as  he  thinks  fit;  and  a 
statement  that  a  copy  of  the  entry  has  been  so  furnished, 
or  the  same  has  been  so  read  over,  together  with  his  re- 
ply, if  any,  made  by  the  offender,  shall  likewise  be  entered 
and  signed  in  the  same  manner.  In  any  subsequent  legal 
proceedings  the  entries  hereinbefore  required  shall,  if 
practicable,  be  produced  or  proved,  and  in  default  of 
such  production  of  proof  the  court  hearing  the  case  may, 
at  its  discretion,  refuse  to  receive  evidence  of  the  offense. 

All  clothes,  effects,  and  wages  which,  under  the  provi- 
sions of  this  Title  [R.  S.,  4501-4G13],  are  forfeited  for 
desertion,  shall  be  applied,  in  the  first  instance,  in  pay- 
ment of  the  expenses  occ asioned  by  such  desertion,  to  the 
master  or  owner  of  the  vessel  from  which  the  desertion 
has  taken  place,  and  the  balance,  if  any,  shall  be  paid  by 
the  master  or  owner  to  any  shipping-commissioner  resi- 
dent at  the  port  at  which  the  voyage  of  such  vessel  termi- 
nates; and  the  shipping-commissioner  shall  account  for 
and  pay  over  such  balance  to  the  judge  of  the  district 
court  within  one  month  after  the  commissioner  receives 
the  same,  to  be  disposed  of  by  him  in  the  same  manner  as 
is  prescribed  for  the  disposal  of  the  money,  effects,  and 
wages  of  deceased  seamen.  Whenever  any  master  or 
owner  neglects  or  refuses  to  pay  over  to  the  shipping- 
commissioner  such  balance,  he  shall  be  liable  to  a  penalty 
of  double  the  amount  thereof,  recoverable  by  the  commis- 
sioner in  the  same  manner  that  seamen's  wages  are  recov- 
ered. In  all  other  cases  of  forfeiture  of  wages,  the  for- 
feiture shall  be  for  the  benefit  of  the  master  or  owner  by 
whom  the  wages  are  payable. 

Any  master  of,  or  any  seaman  or  apprentice  belonging 
to,  any  merchant  vessel,  who,  by  willful  breach  of  duty, 
or  by  reason  of  drunkenness,  does  any  act  tending  to  the 
immediate  loss  or  destruction  of,  or  serious  damage  to 
such  vessel,  or  tending  immediately  to  endanger  the  life 
or  limb  of  any  person  belonging  to  or  on  board  of  such 
vessel ;  or  who,  by  willful  breach  of  duty,  or  by  neglect  of 
duty,  or  by  reason  of  drunkenness,  refuses  or  omits  to  do 
any  lawful  act  proper  and  requisite  to  be  done  by  him  for 
preserving  such  vessel  from  immediate  loss,  destruction, 
or  serious  damage,  or  for  preserving  any  person  belong- 
ing to  or  on  board  of  such  ship  from  immediate  danger 
to  life  or  limb,  shall,  for  every  such  offense,  be  deemed 
guilty  of  a  misdemeanor,  punishable  by  imprisonment  for 
not  more  than  twelve  months. 

No  seaman  in  the  merchant-service  shall  wear  any 
sheath-knife  on  shipboard.  It  shall  be  the  duty  of  the 
master  of  any  Aressel  registered,  enrolled,  or  licensed  under 
the  laws  of  the  United  States,  and  of  the  person  entering 


PART   V. MERCHANT    SEAMEN.  93 

into  contract  for  the  employment  of  a  seaman  upon  any 
such  vessel,  to  inform  every  person  offering  to  ship  him- 
self of  the  provisions  of  this  section,  and  to  require  his 
compliance  therewith,  under  a  penalty  of  fifty  dollars  for 
each  omission,  to  be  sued  for  and  recovered  in  the  name  of 
the  United  States,  under  the  direction  of  the  Secretary  of  gj-.jjf'  1903- 
Commerce ;  one  half  for  the  benefit  of  the  informer,  and 
the  other  half  for  the  benefit  of  the  fund  for  the  relief  of 
sick  and  disabled  seamen. 

108.  Corporal  punishment  prohibited. 

Flogging  and  all  other  forms  of  corporal  punishment  g^S*8"^ 
are  hereby  prohibited  on  board  of  any  vessel,  and  no  form  sec'22.' 
of  corporal  punishment  on  board  of  any  vessel  shall  be  SSufc*  1915' 
deemed  justifiable,  and  any  master  or  other  officer  thereof  ^^i^Nov" 
who  shall  violate  the  aforesaid  provisions  of  this  section,     4,  1915.) 
or  either  thereof,  shall  be  deemed  guilty  of  a  misde- 
meanor, punishable  by  imprisonment  for  not  less  than 
three  months  nor  more  than  two  years.    Whenever  any 
officer  other  than  the  master  of  such  vessel  shall  violate 
any  provision  of  this  section,  it  shall  be  the  duty  of  such 
master  to  surrender  such  officer  to  the  proper  authorities 
as  soon  as  practicable,  provided  he  has  actual  knowledge 
of  the  misdemeanor,  or  complaint  thereof  is  made  within 
three  days  after  reaching  port.    Any  failure  on  the  part 
of  such  master  to  use  due  diligence  to  comply  herewith, 
which  failure  shall  result  in  the  escape  of  such  officer, 
shall  render  the  master  or  vessel  or  the  owner  of  the  vessel 
liable  in  damages  for  such  flogging  or  corporal  punish- 
ment to  the  person  illegally  punished  by  such  officer. 

109.  Procedure. 

All  penalties  and  forfeitures  imposed  by  this  Title  R- s-  461°- 
[R.  S.,  4501-4613],  for  the  recovery  whereof  no  specific 
mode  is  hereinbefore  provided,  may  be  recovered,  with 
costs,  in  any  district  court  of  the  United  States,  at  the  suit 
of  any  district  attorney  of  the  United  States,  or  at  the 
suit  of  any  person  by  information  to  any  district  attor- 
ney in  any  port  of  the  United  States,  where  or  near  to 
where  the  offense  is  committed  or  the  offender  is  found ; 
and  if  a  conviction  is  had,  and  the  sum  imposed  as  a 
penalty  by  the  court  is  not  paid  either  immediately  after 
the  conviction,  or  within  such  period  as  the  court  at  the 
time  of  the  conviction  appoints,  it  shall  be  lawful  for  the 
court  to  commit  the  offender  to  prison,  there  to  be  im- 
prisoned for  the  term  hereinbefore  provided  in  case  of 
such  offense,  the  commitment  to  be  terminable  upon  pay- 
ment of  the  amount  and  costs ;  and  all  penalties  and  for- 
feitures mentioned  in  this  Title  for  which  no  special 
application  is  provided,  shall,  when  recovered,  be  paid 
and  applied  in  manner  following:  So  much  as  the  court 
shall  determine,  and  the  residue  shall  be  paid  to  the  court 
and  be  remitted  from  time  to  time,  by  order  of  the  judge, 
to  the  Treasury  of  the  United  States,  and  appropriated 


94  NAVIGATION    LAWS   OF   THE   UNITED   STATES. 

as  provided  for  in  section  forty-five  hundred  and  forty- 
five:  Provided  always,  That  it  shall  be  lawful  for  the 
court  before  which  any  proceeding  shall  be  instituted  for 
the  recovery  of  any  pecuniary  penalty  imposed  by  this 
act,  to  mitigate  or  reduce  such  penalty  as  to  such  court 
shall  appear  just  and  reasonable;  but  no  such  penalty 
shall  be  reduced  to  less  than  one-third  of  its  original 
amount :  Provided  also,  That  all  proceedings  so  to  be 
instituted  shall  be  commenced  within  two  years  next  after 
the  commission  of  the  offense,  if  the  same  shall  have  been 
committed  at  or  beyond  the  Cape  of  Good  Hope  or  Cape 
Horn,  or  within  one  year  if  committed  elsewhere,  or 
within  two  months  after  the  return  of  the  offender  and 
the  complaining  party  to  the  United  States;  and  there 
shall  be  no  appeal  from  any  decision  of  any  of  the  dis- 
trict courts,  unless  the  amount  sued  for  exceeds  the  sum 
of  five  hundred  dollars. 


Table  A. 

110.  Form  of  articles  of  agreement. 
United  States  of  America. 

(Date  and  place  of  first  signature  of  agreement,  includ- 
ing name  of  shipping-office.) 

It  is  agreed  between  the  master  and  seamen  or  mariners 

of  the ,  of  which is  at  present 

master,  or  whoever  shall  go  for  master,  now  bound  from 

the  port  of , ,  to  ,  ,  (here  the 

voyage  is  to  be  described,  and  the  places  named  at  which 
the  vessel  is  to  touch,  or  if  that  cannot  be  done,  the  general 
nature  and  probable  length  of  the  voyage  is  to  be  stated.) 

And  the  said  crew  agree  to  conduct  themselves  in  an 
orderly,  faithful,  honest,  and  sober  manner,  and  to  be  at 
all  times  diligent  in  their  respective  duties,  and  to  be  obe- 
dient to  the  lawful  commands  of  the  said  master,  or  of  any 
person  who  shall  lawfully  succeed  him,  and  of  their  supe- 
rior officers  in  everything  relating  to  the  vessel,  and  the 
stores  and  cargo  thereof,  whether  on  board,  in  boats,  or  on 
shore;  and  in  consideration  of  which  service,  to  be  duly 
performed,  the  said  master  hereby  agrees  to  pay  the  said 
crew,  as  wages,  the  sums  against  their  names  respectively 
expressed,  and  to  supply  them  with  provisions  according 
to  the  annexed  scale.  And  it  is  hereby  agreed  that  any 
embezzlement,  or  willful  or  negligent  destruction  of  any 
part  of  the  vessel's  cargo  or  stores,  shall  be  made  good  to 
the  owner  out  of  the  wages  of  the  person  guilty  of  the 
same;  and  if  any  person  enters  himself  as  qualified  for  a 
duty  which  he  proves  himself  incompetent  to  perform,  his 
wages  shall  be  reduced  in  proportion  to  his  incompetency. 
And  it  is  also  agreed  that  if  any  member  of  the  crew  con- 
siders himself  to  be  aggrieved  by  any  breach  of  the  agree- 
ment or  otherwise,  he  shall  represent  the  same  to  the 
master  or  officer  in  charge  of  the  vessel,  in  a  quiet  and 


PART   Y.— MERCHANT    SEAMEN. 


95 


orderly  manner,  who  shall  thereupon  take  such  steps  as 
the  case  may  require.  And  it  is  also  agreed  that  (here 
any  other  stipulations  may  be  inserted  to  which  the 
parties  agree,  and  which  are  not  contrary  to  law). 

In  witness  whereof  the  said  parties  have  subscribed 
their  names  hereto,  on  the  days  against  their  respective 
signatures  mentioned. 

Signed  by ■ -,  master,  on  the  day  of 

,  eighteen  hundred  and  . 


Height. 

Descrip- 
tion. 

Time  of 

service. 

g 

3 
o 

S    . 

o 

1 

o 

,g 

o 

a 

s. 

a 

o 

0 

be 

i 

"5 

U 

= 
ft 

03 
O 

03 

ex  3 

3 

ft 

— 
.= 

<? 

| 

a 

o 

O 

W 

1 

to 

> 

o 

a 

o 

C3 
P 

- 
— 

1 

| 

© 

1 

? 

3  w 

02 

q 

June  26,  1884, 
Sec.  10. 


Dec.  21, 
•^    Sec.  24. 


Note. — In  the  place  for  signatures  and  descriptions  of 
men  engaged  after  the  first  departure  of  the  ship,  the 
entries  are  to  be  made  as  above,  except  that  the  signatures 
of  the  consul  or  vice-consul,  officer  of  customs,  or  witness 
before  whom  the  man  is  engaged,  is  to  be  substituted  for 
that  of  the  shipping-master. 
111.  Account  of  apprentices  on  board. 


Christian  and 
surname  ot  ap- 
prentice in  full. 


Date  of  regis- 
try of  inden- 
ture. 


Port  at  which 

indenture  was 

registered. 


Date  of  regis- 
ter of  assign- 
ment. 


Port  at  which      r.  g    4612. 
assignment  was  "' 

registered. 


96 


NAVIGATION    LAWS    OF    THE    UNITED   STATES. 


112.  Scale  of  provisions  to  be  allowed  and  served  out  to  crew 
during1  the  voyage. 


It.  S.,  4612. 
Dec.  21,  1.S9S 
Sec.  23. 
Mar.  4,  1915. 
Sec.  10. 

o 

>> 
-a 

>> 

"5 

§ 

T3 

05 

•a 

1 

1 

5 
i 

5 

i 

5 
i 
11 

...... 

5 

i 

...... 

1J 

5 
i 

U 
...... 

5 

5 
11 

Biscuit pound . . 

Beef,  salt pounds. . 

...!.. 

Flour pound . . 

Canned  meat pound . . 

Fresh  bread pounds. . 

Fish,  dry,  preserved,  or  fresh pound. . 

i 

l 
U 

U 

n 

H 

U 
1" 

1 

1 

U 

Potatoes  or  yams pound . . 

Canned  tomatoes pound . . 

i 

1 

i 

1 

l 

1 

....!. 

Beans pint. . 

1 

i 

3 
...... 

i 

Rice pint 

| 

a 

Coffee  (green  berry) ounce. . 

1 
i 

3 

i 

i 

3 
i 

...... 

t 
3 

1 

3 
i 
3 

a 

I 
3 

Molasses pint.. 

Dried  fruit ounces. . 

Pickles pint. . 

Vinegar pint. . 

i 

i 

4 
4 

1 
2 

4 
4 
1 

Onions ounces. . 

Lard ounce.. 

Butter ounce. . 

Mustard,  pepper,  and  salt  sufficient  for 
seasoning. 

...... 

2 

1 
2 

2 

SUBSTITUTES. 

One  pound  of  flour  daily  may  be  substituted  for  the 
daily  ration  of  biscuit  or  fresh  bread ;  two  ounces  of  desic- 
cated vegetables  for  one  pound  of  potatoes  or  yams;  six 
ounces  of  hominy,  oatmeal,  or  cracked  wheat,  or  two 
ounces  of  tapioca,  for  six  ounces  of  rice;  six  ounces  of 
canned  vegetables  for  one-half  pound  of  canned  toma- 
toes; one-eighth  of  an  ounce  of  tea  for  three-fourths  of 
an  ounce  of  coffee ;  three-fourths  of  an  ounce  of  coffee  for 
one-eighth  of  an  ounce  of  tea ;  six  ounces  of  canned  fruit 
for  three  ounces  of  dried  fruit;  one-half  ounce  of  lime 
juice  for  the  daily  ration  of  vinegar;  four  ounces  of  oat- 
meal or  cracked  wheat  for  one-half  pint  of  corn  meal; 
two  ounces  of  pickled  onions  for  four  ounces  of  fresh 
onions. 

When  the  vessel  is  in  port  and  it  is  possible  to  obtain 
the  same,  one-and-one-half  pounds  of  fresh  meat  shall  be 
substituted  for  the  daily  rations  of  salt  and  canned  meat: 
one-half  pound  of  green  cabbage  for  one  ration  of  canned 
tomatoes;  one-half  pound  of  fresh  fruit  for  one  ration  of 
dried  fruit.  Fresh  fruit  and  vegetables  shall  be  served 
while  in  port  if  obtainable.  The  seamen  shall  have  the 
option  of  accepting  the  fare  the  master  may  provide,  but 
the  right  at  any  time  to  demand  the  foregoing  scale  of 
provisions.  The  foregoing  scale  of  provisions  shall  be 
inserted  in  every  article  of  agreement,  and  shall  not  be 
reduced  by  any  contract,  except  as  above,  and  a  copy  of 


PART   V. MERCHANT   SEAMEN. 


97 


the  same  shall  be  posted  in  a  conspicuous  place  in  the 
galley  and  in  the  forecastle  of  each  vessel.  [Fishing  or 
whaling  vessels  or  yachts  exempt — Dec.  21,  1898,  sec.  26.] 


Table  B. 


113.  Certificate  of  discharge. 


^ 

w 

0 

o 

fl 

3 

G 

M 

a 

3d 

g  « 

3 1.- 

© 

63 

Cm 

O 

M 
O 

• 

II 

I 

o 

o 

.4 

o 

o 

3 
3 

>2 

'3>eJ 

.3  ° 

>> 

a 
o 

.a 

•a 

I 

E 

-£ 

9 

^ 

a 

o 

2 

§ 

Q. 

2 

o 

© 

fc 

Ph 

H 

A 

£ 

PW 

ft 

o 

fl 

o 

ft 

fi 

Ah 

I  certify  that  the  above  particulars  are  correct,  and  that 
the  above-named  seaman  was  discharged  accordingly. 

Dated  —  day  of ,  eighteen  hundred  and . 

(Signed) ,  Master. 

(Countersigned) ,  Seaman. 


Given  to  the  above-named  seaman  in  my  presence  this 

—  day  of ,  eighteen  hundred  and  • . 

(Signed) 


Shipping-Commissioner. 


114.  Sick  and  disabled  seamen. 

The  President  is  authorized  to  receive  donations  of  real  R-  s.,  4soi. 
or  personal  property,  in  the  name  of  the  United  States, 
for  the  erection  or  support  of  hospitals  for  sick  and  dis- 
abled seamen. 

The  term  "  seaman,"  wherever  employed  in  legislation  Mar.  3,  1875 
relating  to  the  marine-hospital  service,  shall  be  held  to 
include  any  person  employed  on  board  in  the  care,  pres- 
ervation, or  navigation  of  any  vessel,  or  in  the  service,  on 
board,  of  those  engaged  in  such  care,  preservation,  or 
navigation. 

No  person  employed  in  or  connected  with  the  naviga-  R-  s.,  4804. 
tion,  management,  or  use  of  canal-boats  engaged  in  the 
coasting-trade  shall  by  reason  thereof  be  entitled  to  any 
benefit  or  relief  from  the  marine-hospital  fund. 

Sick  and  disabled  seamen  of  foreign  vessels  and  of  ves- 
sels [not  subject  to  hospital-dues]  may  be  cared  for  by 

143562°— 19 7 


Mar.  3.  1875. 
Sec.  6. 


98 


NAVIGATION   LAWS   OF   THE   UNITED   STATES. 


Mar 

Sec. 


Mar.  3,  1875 
Sec.  5. 


the  marine-hospital  service  at  such  rates  and  under  such 
regulations  as  the  Secretary  of  the  Treasury  may  pre- 
scribe. 

Sick  foreign  seamen  may  be  admitted  to  the  marine  hos- 
pitals within  the  United  States,  if  it  can  with  convenience 
be  done,  on  the  application  of  the  master  of  any  foreign 
vessel  to  which  any  such  seaman  may  belong.  Each  sea- 
man so  admitted  shall  be  subject  to  a  charge  of  [seventy- 
five  cents]  per  day  for  each  day  he  may  remain  in  the 
hospital,  which  shall  be  paid  by  the  master  of  such  for- 
eign vessel  to  the  collector  of  the  collection-district  in 
which  such  hospital  is  situated.  And  the  collector  shall 
not  grant  a  clearance  to  any  foreign  vessel  until  the 
money  so  due  from  her  master  shall  be  paid.  The  officer 
in  charge  of  each  hospital  is  hereby  directed,  under  pen- 
alty of  fifty  dollars,  to  make  out  the  accounts  against 
each  foreign  seaman  that  may  be  placed  in  the  hospital 
under  his  direction,  and  render  the  same  to  the  collector. 
Insane  patients  of  said  [marine  hospital]  service  shall 
be  admitted  into  the  Government  Hospital  for  the  Insane 
upon  the  order  of  the  Secretary  of  the  Treasury,  and  shall 
be  cared  for  therein  until  cured  or  until  removed  by  the 
same  authority;  and  the  charge  for  each  such  patient 
shall  not  exceed  four  dollars  and  fifty  cents  a  week,  which 
charge  shall  be  paid  out  of  the  marine-hospital  fund. 
Aug.  4,  1894.  The  privilege  of  admission  to  and  temporary  treatment 
in  the  marine  hospitals  under  the  control  of  the  Govern- 
ment of  the  United  States  be,  and  is  hereby,  extended  to 
the  keepers  and  crews  of  the  Life-Saving  Service  under 
the  same  rules  and  regulations  as  those  governing  sailors 
and  seamen,  and  for  the  purposes  of  this  Act  members  of 
the  Life-Saving  Service  shall  be  received  in  said  hospitals 
and  treated  therein,  and  at  the  dispensaries  thereof,  as  are 
seamen  of  American  registered  vessels ;  but  this  Act  shall 
not  be  so  construed  as  to  compel  the  establishment  of  hos- 
pitals or  dispensaries  for  the  benefit  of  said  keepers  and 
crews,  nor  as  establishing  a  home  for  the  same  when  per- 
manently disabled. 

115.  Jurisdiction  over  American  seamen  in  foreign  ports  and 
foreign  seamen  in  American  ports. 

Whenever  it  is  stipulated  by  treaty  or  convention  be- 
tween the  United  States  and  any  foreign  nation  that  the 
consul-general,  consuls,  vice-consuls,  or  consular  or  com- 
mercial agents  of  each  nation,  shall  have  exclusive  juris- 
diction of  controversies,  difficulties,  or  disorders  arising 
at  sea  or  in  the  waters  or  ports  of  the  other  nation,  be- 
tween the  master  or  officers  and  any  of  the  crew,  or  between 
any  of  the  crew  themselves,  of  any  vessel  belonging  to  the 
nation  represented  by  such  consular  officer,  such  stipula- 
tions shall  be  executed  and  enforced  within  the  jurisdic- 


R.  S.,  4079. 


PART   V. MERCHANT    SEAMEN.  99 

tion  of  the  United  States  as  hereinafter  declared.  But 
before  this  section  shall  take  effect  as  to  the  vessels  of  any 
particular  nation  having  such  treaty  with  the  United 
States,  the  President  shall  be  satisfied  that  similar  provi- 
sions have  been  made  for  the  execution  of  such  treaty  by 
the  other  contracting  party,  and  shall  issue  his  proclama- 
tion to  that  effect,  declaring  this  section  to  be  in  force  as 
to  such  nation. 

In  all  cases  within  the  purview  of  the  preceding  section  r.  s.,  4080. 
the  consul-general,  consul,  or  other  consular  or  commer- 
cial authority  of  such  foreign  nation  charged  with  the 
appropriate  duty  in  the  particular  case,  may  make  appli- 
cation to  any  court  of  record  of  the  United  States,  or  to 
any  judge  thereof,  or  to  any  commissioner  of  a  district  May  28> 1896- 
court,  setting  forth  that  such  controversy,  difficulty,  or 
disorder  has  arisen,  briefly  stating  the  nature  thereof,  and 
when  and  where  the  same  occurred,  and  exhibiting  a  cer- 
tified copy  or  abstract  of  the  shipping-articles,  roll,  or 
other  proper  paper  of  the  vessel,  to  the  effect  that  the  per- 
son in  question  is  of  the  crew  or  ship's  company  of  such 
vessel ;  and  further  stating  and  certifying  that  such  per- 
son has  withdrawn  himself,  or  is  believed  to  be  about  to 
withdraw  himself,  from  the  control  and  discipline  of  the 
master  and  officers  of  the  vessel,  or  that  he  has  refused,  or 
is  about  to  refuse,  to  submit  to  and  obey  the  lawful  juris- 
diction of  such  consular  or  commercial  authority  in  the 
premises ;  and  further  stating  and  certifying  that,  to  the 
best  of  the  knowledge  and  belief  of  the  officer  certifying, 
such  person  is  not  a  citizen  of  the  United  States.  Such 
application  shall  be  in  writing  and  duly  authenticated  by 
the  consular  or  other  sufficient  official  seal.  Thereupon 
such  court,  judge,  or  commissioner  shall  issue  his  warrant 
for  the  arrest  of  the  person  so  complained  of,  directed  to 
the  marshal  of  the  United  States  for  the  appropriate  dis- 
trict, or  in  his  discretion  to  any  person,  being  a  citizen  of 
the  United  States,  whom  he  may  specially  depute  for  the 
purpose,  requiring  such  person  to  be  brought  before  him 
for  examination  at  a  certain  time  and  place. 

If,  on  such  examination,  it  is  made  to  appear  that  the  R-  s.,  408i. 
person  so  arrested  is  a  citizen  of  the  United  States,  he  52soeaes  ameifd- 
shall  be  forthwith  discharged  from  arrest,  and  shall  be  %15M  £ pr  •  8(^ 
left  to  the  ordinary  course  of  law.     But  if  this  is  not  81.,  ' 
made  to  appear,  and  such  court,  judge,  or  commissioner 
finds,  upon  the  papers  hereinbefore  referred  to,  a  sufficient 
prima-facie  case  that  the  matter  concerns  only  the  inter- 
nal  order   and    discipline   of   such   foreign   vessels,   or, 
whether  in  its  nature  civil  or  criminal,  does  not  affect  di- 
rectly the  execution  of  the  laws  of  the  United  States,  or 
the  rights  and  duties  of  any  citizen  of  the  United  States, 
he  shall  forthwith,  by  his  warrant,  commit  such  person 
to  prison,  where  prisoners  under  sentence  of  a  court  of  the 
United  States  may  be  lawfully  committed,  or,  in  his  dis- 


100  NAVIGATION    LAWS    OP    THE    UNITED   STATES. 

cretion,  to  the  master  or  chief  officer  of  such  foreign 
vessel,  to  be  subject  to  the  lawful  orders,  control,  and  dis- 
cipline of  such  master  or  chief  officer,  and  to  the  jurisdic- 
tion of  the  consular  or  commercial  authority  of  the  nation 
to  which  such  vessel  belongs,  to  the  exclusion  of  any 
authority  or  jurisdiction  in  the  premises  of  the  United 
States  or  any  State  thereof.  No  person  shall  be  detained 
more  than  two  months  after  his  arrest,  but  at  the  end  of 
that  time  shall  be  set  at  liberty  and  shall  not  again  be 
arrested  for  the  same  cause.  The  expenses  of  the  arrest 
and  the  detention  of  the  person  so  arrested  shall  be  paid 
by  the  consular  officer  making  the  application. 
Mar'-Pion  ^ne  district  courts,  and  the  United  States  commis- 
Sec.27'1.  '  sioners,  shall  have  power  to  carry  into  effect,  according 
to  the  true  intent  and  meaning  thereof,  the  award,  or 
arbitration,  or  decree  of  any  consul,  vice-consul,  or  com- 
mercial agent  of  any  foreign  nation,  made  or  rendered 
by  virtue  of  authority  conferred  on  him  as  such  consul, 
vice-consul,  or  commercial  agent,  to  sit  as  judge  or  ar- 
bitrator in  such  differences  as  may  arise  between  the 
captains  and  crews  of  the  vessels  belonging  to  the  nation 
whose  interests  are  committed  to  his  charge,  application 
for  the  exercise  of  such  power  being  first  made  to  such 
court  or  commissioner  by  petition  of  such  consul,  vice- 
consul,  or  commercial  agent.  And  said  courts  and  com- 
missioners may  issue  all  proper  remedial  process,  mesne 
and  final,  to  carry  into  full  effect  such  award,  arbitration, 
or  decree,  and  to  enforce  obedience  thereto,  by  imprison- 
ment in  the  jail  or  other  place  of  confinement  in  the  dis- 
trict in  which  the  United  States  may  lawfully  imprison 
any  person  arrested  under  the  authority  of  the  United 
States,  until  such  award,  arbitration,  or  decree  is  com- 
plied with,  or  the  parties  are  otherwise  discharged  there- 
from, by  the  consent  in  writing  of  such  consul,  vice-con- 
sul, or  commercial  agent,  or  his  successor  in  office,  or  by 
the  authority  of  the  foreign  government  appointing  such 
consul,  vice-consul,  or  commercial  agent:  Provided,  horn- 
ever,  That  the  expenses  of  the  said  imprisonment,  and 
maintenance  of  the  prisoners,  and  the  cost  of  the  proceed- 
ings, shall  be  borne  by  such  foreign  government,  or  by  its 
consul,  vice-consul,  or  commercial  agent  requiring  such 
imprisonment.  The  marshals  of  the  United  States  shall 
serve  all  such  process,  and  do  all  other  acts  necessary  and 
proper  to  carry  into  effect  the  premises,  under  the  au- 
thority of  the  said  courts  and  commissioners. 
116.  Seamen's  witness  fees. 
r.  s.,  851.  There  shall  be  paid  to  each  seaman  or  other  person  who 

is  sent  to  the  United  States  from  any  foreign  port,  station, 
sea,  or  ocean,  by  any  United  States  minister,  charge 
d'affaires,  consul,  captain,  or  commander,  to  give  testi- 
mony in  any  criminal  case  depending  in  any  court  of  the 
United  States,  such  compensation,  exclusive  of  subsistence 


PAET   V. MERC'HA"N'!T    SEAMENV  101 

and  transportation,  as  such  court J  May  adjudge  t6rbe 
proper,  not  exceeding  one  dollar  for  each  day  necessarily 
employed  in  such  voyage,  and  in  arriving  at  the  place  of 
examination  or  trial.  In  fixing  such  compensation,  the 
court  shall  take  into  consideration  the  condition  of  said 
seaman  or  witness,  and  whether  his  voyage  has  been 
broken  up,  to  his  injury,  by  his  being  sent  to  the  United 
States.  When  such  seaman  or  person  is  transported  in  an 
armed  vessel  of  the  United  States  no  charge  for  subsist- 
ence or  transportation  shall  be  allowed.  When  he  is 
transported  in  any  other  vessel,  the  compensation  for  his 
transportation  and  subsistence,  not  exceeding  in  any  case 
fifty  cents  a  day,  may  be  fixed  by  the  court,  and  shall  be 
paid  to  the  captain  of  said  vessel  accordingly. 
117.  Manning1  of  merchant  vessels. 

In  all  merchant  vessels  of  the  United  States  of  more  sec^4-'  1915' 
than  one  hundred  tons  gross,  excepting  those  navigating  ^^nov1^' 
rivers,  harbors,  bays,  or  sounds  exclusively,  the  sailors  ?9i5°s 
shall,  while  at  sea,  be  divided  into  at  least  two,  and  the 
firemen,  oilers,  and  water  tenders  into  at  least  three 
watches,  which  shall  be  kept  on  duty  successively  for  the 
performance  of  ordinary  work  incident  to  the  sailing  and 
management  of  the  vessel.  The  seamen  shall  not  be 
shipped  to  work  alternately  in  the  fireroom  and  on  deck, 
nor  shall  those  shipped  for  deck  duty  be  required  to  work 
in  the  fireroom,  or  vice  versa ;  but  these  provisions  shall 
not  limit  either  the  authority  of  the  master  or  other  officer 
or  the  obedience  of  the  seamen  when,  in  the  judgment  of 
the  master  or  other  officer,  the  whole  or  any  part  of  the 
crew  are  needed  for  the  maneuvering  of  the  vessel  or  the 
performance  of  work  necessary  for  the  safety  of  the  ves- 
sel or  her  cargo,  or  for  the  saving  of  life  aboard  other  ves- 
sels in  jeopardy,  or  when  in  port  or  at  sea  from  requiring 
the  whole  or  any  part  of  the  crew  to  participate  in  the 
performance  of  fire,  lifeboat,  and  other  drills.  While 
such  vessel  is  in  a  safe  harbor  no  seaman  shall  be  re- 
quired to  do  any  unnecessary  work  on  Sundays  or  the 
following-named  days:  New  Year's  Day,  the  Fourth  of 
July,  Labor  Day,  Thanksgiving  Day,  and  Christinas  Day, 
but  this  shall  not  prevent  the  dispatch  of  a  vessel  on  regu- 
lar schedule  or  when  ready  to  proceed  on  her  voyage. 
And  at  all  times  while  such  vessel  is  in  a  safe  harbor,  nine 
hours,  inclusive  of  the  anchor  watch,  shall  constitute  a 
day's  work.  Whenever  the  master  of  any  vessel  shall  fail 
to  comply  with  this  section,  the  seamen  shall  be  entitled 
to  discharge  from  such  vessel  and  to  receive  the  wages 
earned.  But  this  section  shall  not  apply  to  fishing  or 
whaling  vessels,  or  yachts. 

No  vessel  of  one  hundred  tons  gross  and  upward,  ex-  Mar  4  1915 
cept  those  navigating  rivers  exclusively  and  the  smaller  s«|^tlve  on 
inland  lakes  and  except  as  provided  in  section  one  of  this  American  ves- 
Act,  shall  be  permitted  to  depart  from  any  port  of  the  **£  ^loiSI 
United  States  unless  she  has  on  board  a  crew  not  less  than  °°rei^ns^i0^ 
seventy-five  per  centum  of  which,  in  each  department  not  covered  by 


102  NAVIGATION   LAWS  OF  THE  UNITED   STATES. 

wic^on a vet'  thereof ,  aire' able  to  understand  any  order  given  by  the 
seis  'of  other  officers  of  such  vessel,  nor  unless  forty  per  centum  in  the 
tions  after  teV-  first  year,  forty-five  per  centum  in  the  second  year,  fifty 
treaties.1)011  of  per  centum  in  the  third  year,  fifty-five  per  centum  in 
the  fourth  year  after  the  passage  of  this  Act,  and  there- 
after sixty-five  per  centum  of  her  deck  crew,  exclusive  of 
licensed  officers  and  apprentices,  are  of  a  rating  not  less 
than  able  seaman.  Every  person  shall  be  rated  an  able 
seaman,  and  qualified  for  service  as  such  on  the  seas,  who 
is  nineteen  years  of  age  or  upward,  and  has  had  at  least 
three  years'  service  on  deck  at  sea  or  on  the  Great  Lakes, 
on  a  vessel  or  vessels  to  which  this  section  applies,  includ- 
ing decked  fishing  vessels,  naval  vessels  or  coast  guard 
vessels;  and  every  person  shall  be  rated  an  able  seaman, 
and  qualified  to  serve  as  such  on  the  Great  Lakes  and  on 
the  smaller  lakes,  bays  or  sounds,  who  is  nineteen  years  of 
age  or  upward  and  has  had  at  least  eighteen  months'  serv- 
ice on  deck  at  sea  or  on  the  Great  Lakes  or  on  the  smaller 
lakes,  bays,  or  sounds,  on  a  vessel  or  vessels  to  which  this 
section  applies,  including  decked  fishing  vessels,  naval 
vessels,  or  coast  guard  vessels;  and  graduates  of  school 
ships  approved  by  and  conducted  under  rules  prescribed 
by  the  Secretary  of  Commerce  may  be  rated  able  seamen 
after  twelve  months'  service  at  sea  :  Provided,  That  upon 
examination,  under  rules  prescribed  by  the  Department 
of  Commerce  as  to  eyesight,  hearing,  and  physical  condi- 
tion, such  persons  or  graduates  are  found  to  be  compe- 
tent: Provided  further,  That  upon  examination,  under 
rules  prescribed  by  the  Department  of  Commerce  as  to 
eyesight,  hearing,  physical  condition,  and  knowledge  of 
the  duties  of  seamanship  a  person  found  competent  may 
be  rated  as  able  seaman  after  having  served  on  deck 
twelve  months  at  sea,  or  on  the  Great  Lakes;  but  seamen 
examined  and  rated  able  seamen  under  this  proviso  shall 
not  in  any  case  compose  more  than  one-fourth  of  the  num- 
ber of  able  seamen  required  by  this  section  to  be  shipped 
or  employed  upon  any  vessel. 

Any  person  may  make  application  to  any  board  of  local 
inspectors  for  a  certificate  of  service  as  able  seaman,  and 
upon  proof  being  made  to  said  board  by  affidavit  and 
examination,  under  rules  approved  by  the  Secretary  of 
Commerce,  showing  the  nationality  and  age  of  the  appli- 
cant and  the  vessel  or  vessels  on  which  he  has  had  service 
and  that'  he  is  entitled  to  such  certificate  under  the  pro- 
visions of  this  section,  the  board  of  local  inspectors  shall 
issue  to  said  applicant  a  certificate  of  service,  which, shall 
be  retained  by  him  and  be  accepted  as  prima  facie  evi- 
dence of  his  rating  as  an  able  seaman. 

Each  board  of  local  inspectors  shall  keep  a  complete 
record  of  all  certificates  of  service  issued  by  them  and  to 
whom  issued  and  shall  keep  on  file  the  affidavits  upon 
which  said  certificates  are  issued. 

The  collector  of  customs  may,  upon  his  own  motion, 
and  shall,  upon  the  sworn  information  of  any  reputable 


PAET   V. MERCHANT    SEAMEN.  103 

citizen  of  the  United  States  setting  forth  that  this  section 
is  not  being  complied  with,  cause  a  muster  of  the  crew  of 
any  vessel  to  be  made  to  determine  the  fact ;  and  no  clear- 
ance shall  be  given  to  any  vessel  failing  to  comply  with 
the  provisions  of  this  section:  Provided,  That  the  col- 
lector of  customs  shall  not  be  required  to  cause  such  mus- 
ter of  the  crew  to  be  made  unless  said  sworn  information 
has  been  filed  with  him  for  at  least  six  hours  before  the 
Aessel  departs,  or  is  scheduled  to  depart :  Provided  fur- 
ther, That  any  person  that  shall  knowingly  make  a  raise 
affidavit  for  such  purpose  shall  be  deemed  guilty  of  per- 
jury and  upon  conviction  thereof  shall  be  punished  by  a 
fine  not  exceeding  $500  or  by  imprisonment  not  exceeding 
one  year,  or  by  both  such  fine  and  imprisonment,  within 
the  discretion  of  the  court.  Any  violation  of  any  provi- 
sion of  this  section  by  the  owner,  master,  or  officer  in 
charge  of  the  vessel  shall  subject  the  owner  of  such  vessel 
to  a  penalty  of  not  less  than  $100  and  not  more  than  $500 : 
And  provided  further,  That  the  Secretary  of  Commerce 
shall  make  such  rules  and  regulations  as  may  be  necessary 
to  carry  out  the  provisions  of  this  section,  and  nothing 
herein  shall  be  held  or  construed  to  prevent  the  Board  of 
Supervising  Inspectors,  with  the  approval  of  the  Secre- 
tary of  Commerce,  from  making  rules  and  regulations 
authorized  by  law  as  to  vessels  excluded  from  the  opera- 
tion of  this  section. 
118.  TJndermanning'. 

In  case  of  desertion  or  casualty  resulting  in  the  loss  of  r.  s.,  4516. 
one  or  more  of  the  seamen,  the  master  must  ship,  if  ob-  -' 


Sec.  1. 


1 '.>ir,. 


tamable,  a  number  equal  to  the  number  of  those  whose  ^r-14 
services  he  has  been  deprived  of  by  desertion  or  casualty.  '  1  Effective  be- 
who  must  be  of  the  same  or  higher  grade  or  rating  with  ioT^  Nov*  4* 
those  whose  places  they  fill,  and  report  the  same  to  the 
United  States  consul  at  the  first  port  at  which  he  shall 
arrive,  without  incurring  the  penalty  prescribed  by  the 
two  preceding  sections.     This  section  shall  not  apply  to 
fishing  or  whaling  vessels  or  yachts. 
119.  Fellow-servant  clause. 

In  any  suit  to  recover  damages  for  any  injury  sustained  ]^eacr-2^  1915- 
on  board  vessel  or  in  its  service  seamen  having  command     (Effective  be- 
shall  not  be  held  to  be  fellow-servants  with  those  under  ggfj*  Nov"  4' 
their  authority. 
119(a).  Merchant  seamen  at  Panama  Canal  Zone. 

The  laws  relating  to  seamen  of  vessels  of  the  United f^-^1'  191°- 
States  on  foreign  voyages  shall  apply  to  seamen  of  all 
vessels  of  the  United  States  at  the  Panama  Canal  Zone, 
whether  such  vessels  be  registered  or  enrolled  and  licensed, 
and  the  powers  in  respect  of  such  seamen  of  such  vessels 
bestowed  by  law  upon  consular  officers  of  the  United 
States  in  foreign  ports  and  upon  shipping  commissioners 
in  ports  of  the  United  States  are  hereby  bestowed  upon 
the  shipping  commissioner  and  deputy  shipping  commis- 
sioners on  the  Panama  Canal  Zone. 


Part  VI.— SEAWORTHINESS,  SUPPLIES,  LOG  BOOK. 


120.  Unseaworthy  vessels. 

121.  Inspection    of    bulls    and    equip- 

ment. 

122.  Seagoing  barges. 

123.  Inspection    of    seaworthiness    at 

domestic  ports. 

124.  Inspection    of    seaworthiness    at 

foreign  ports. 


125.  Provisions  and  water. 

126.  Weights  and  measures. 

127.  Medicines  and  antiscorbutics. 

128.  Slop  chest. 

129.  Warmth  and  clothing. 

130.  Log  book. 


Dec.  21,  1S98. 
Sec.  11. 


120.  Unseawcrthy  vessels. 
If  any  person  knowingly  sends  or  attempts  to  send  or  is 

party  to  the  sending  or  attempting  to  send  an  American 
ship  to  sea,  in  the  foreign  or  coastwise  trade,  in  such  an 
unseaworthy  state  that  the  life  of  any  person  is  likely  to 
be  thereby  endangered,  he  shall,  in  respect  of  each  offense, 
be  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a 
fine  not  to  exceed  one  thousand  dollars  or  by  imprison- 
ment not  to  exceed  five  years,  or  both,  at  the  discretion  of 
the  court,  unless  he  proves  that  either  he  used  all  reason- 
able means  to  insure  her  being  sent  to  sea  in  a  sea- 
worthy state,  or  that  her  going  to  sea  in  an  unseaworthy 
state  was,  under  the  circumstances,  reasonable  and  justi- 
fiable, and  for  the  purposes  of  giving  that  proof  he  may 
give  evidence  in  the  same  manner  as  any  other  witness. 
[This  section  shall  not  apply  to  fishing  or  whaling  vessels 
or  yachts— Dec.  21,  1898,  sec.  26.] 

121.  Inspection  of  hulls  and  equipment. 

The  local  inspectors  shall,  once  in  every  year,  at  least, 
carefully  inspect  the  hull  of  each  steam  vessel  within  their 
respective  districts,  and  shall  satisfy  themselves  that 
every  such  vessel  so  submitted  to  their  inspection  is  of  a 
structure  suitable  for  the  service  in  which  she  is  to  be 
i9i4ee>Ai-V)8,  emPl°ye(^'  ^as  stable  accommodations  for  passengers 
' p"  "  and  the  crew,  and  is  in  a  condition  to  warrant  the  belief 
that  she  may  be  used  in  navigation  as  a  steamer,  with 
safety  to  life,  and  that  all  the  requirements  of  law  in  re- 
gard to  fires,  boats,  pumps,  hose,  life-preservers,  floats, 
anchors,  cables,  and  other  things  are  faithfully  complied 
Avith;  and  if  they  deem  it  expedient  they  may  direct  the 
vessel  to  be  put  in  motion,  and  may  adopt  any  other  suit- 
able means  to  test  her  sufficiency  and  that  of  her  equip- 
ment. The  local  inspectors  shall,  once  in  every  year,  at 
least,  carefully  inspect  the  hull  of  each  sail  vessel  of  over 
seven  hundred  tons  carrying  passengers  for  hire  and  all 
other  vessels  and  barges  of  over  one  hundred  tons  burden 
carrying  passengers  for  hire  within  their  respective 
districts,  and  shall  satisfv  themselves  that  every  such 

104 


It.  S.,  4417. 
Dec.  21,  1898. 
Sec.  4. 
Mar.  3,  1905. 


PART  VI. SEAWORTHINESS,   SUPPLIES,   LOG   BOOK.  105 

vessel  so  submitted  to  their  inspection  is  of  a  struc- 
ture suitable  for  the  service  in  which  she  is  to  be 
employed,  has  suitable  accommodations  for  the  crew, 
and  is  in  condition  to  warrant  the  belief  that  she 
may  be  used  in  navigation  with  safety  to  life:  Pro- 
vided, That  vessels  while  laid  up  and  dismantled  and 
out  of  commission  may,  by  regulations  established  by 
the  Board  of  Supervising  Inspectors,  with  the  approval 
of  the  Secretary  of  Commerce,  be  exempted  from  any 
or  all  inspection  under  sections  forty-four  hundred  and 
seventeen,  forty-four  hundred  and  eighteen,  forty-four 
hundred  and  twenty-six,  forty-four  hundred  and  twenty- 
seven.  Whenever  any  inspector .  or  assistant  inspector 
shall,  in  the  performance  of  his  duty,  find  on  board  any 
vessel  subject  to  the  provisions  of  this  Title  [R.  S.,  4399- 
4500]  as  part  of  the  required  equipment  thereof,  any 
equipment,  machinery,  apparatus,  or  appliances  not  con- 
forming to  the  requirements  of  law,  he  shall  require  the 
same  to  be  placed  in  proper  condition  by  the  owner  or 
master  of  the  said  vessel,  if  possible ;  and  if  said  inspector 
or  assistant  inspector  shall  find  on  board  any  such  vessel 
any  life-preservers  or  fire  hose  so  defective  as  to  be  inca- 
pable of  repair,  he  shall  require  that  the  same  be  destroyed 
in  his  presence  by  such  owner  or  master.  And  in  any  of 
the  foregoing  cases  local  inspectors  by  whom  or  under 
whose  supervision  said  vessel  is  then  being  inspected 
shall  have  power  to  enforce  the  foregoing  requirements 
by  revoking  the  certificate  of  the  said  vessel,  and  by 
refusing  to  issue  a  new  certificate  to  the  said  vessel  until 
the  said  requirements  shall  have  been  fully  complied 
with  or  until  such  action  of  the  local  inspectors  shall  have 
been  reversed,  modified,  or  set  aside  by  the  supervising 
inspector  of  the  district  on  proper  appeal  by  the  owner 
or  master  of  said  vessel,  which  appeal  shall  be  made  to 
the  said  supervising  inspector  within  ten  days  after  the 
final  action  as  aforesaid  by  the  local  inspectors;  and  upon 
such  appeal,  duly  made,  the  supervising  inspector  shall 
have  power  to  affirm,  modify,  or  set  aside  such  action  by 
the  local  inspectors. 
122.  Seagoing  barges. 

The  local  inspectors  of  steamboats  shall  at  least  once  in  Jjgfjgf;  1908' 
every  year  inspect  the  hull  and  equipment  of  every  sea- 
going barge  of  one  hundred  gross  tons  or  over,  and  shall 
satisfy  themselves  that  such  barge  is  of  a  structure  suit- 
able for  the  service  in  which  she  is  to  be  employed,  has 
suitable  accommodations  for  the  crew,  and  is  in  a  condi- 
tion to  warrant  the  belief  that  she  may  be  used  in  navi- 
gation with  safety  to  life.  They  shall  then  issue  a  cer- 
tificate of  inspection  in  the  manner  and  for  the  purposes 
prescribed  in  sections  forty-four  hundred  and  twenty-one 
and  forty-four  hundred  and  twenty-three  of  the  Revised 
Statutes. 


106  NAVIGATION    LAWS   OF    THE   UNITED   STATES. 

sec.  11.  Every  such  barge  shall  be  equipped  with  the  following 

appliances  of  kinds  approved  by  the  Board  of  Supervising 
Inspectors :  At  least  one  lifeboat,  at  least  one  anchor  with 
suitable  chain  or  cable,  and  at  least  one  life-preserver  for 
each  person  on  board. 
May  28,  1908.      A  register,  enrollment,  or  license  shall  not  be  issued 
Mar.1!,'  1915.  or  renewed  by  any  collector  or  other  officer  of  customs  to 
Sec.  g.  any  sucn  barge  unless  at  the  time  of  issue  or  renewal  such 

barge  has  in  force  the  certificate  of  inspection  prescribed 
by  section  ten  and  on  board  the  equipment  prescribed  by 
section  eleven. 
May  28, 1908.  If  any  such  barge  shall  be  navigated  without  such  cer- 
tificate of  inspection,  or  without  any  part  of  the  equip- 
ment prescribed  by  section  eleven,  the  owner  shall  be 
liable  to  a  penalty  of  five  hundred  dollars  for  each  offense. 
|ec.  14  The  Commissioner  of  Light-Houses,  the  Supervising 

sec.V  '  Inspector-General  of  the  Steamboat-Inspection  Service, 

and  the  Commissioner  of  Navigation  shall  convene  as  a 
board  at  such  times  as  the  Secretary  of  Commerce  shall 
prescribe  to  prepare  regulations  limiting  the  length  of 
hawsers  between  towing  vessels  and  seagoing  barges  in 
tow  and  the  length  of  such  tows  within  any  of  the  inland 
waters  of  the  United  States  designated  and  defined  from 
time  to  time  pursuant  to  section  two  of  the  Act  approved 
February  nineteen,  eighteen  hundred  and  ninety-five,  and 
such  regulations  when  approved  by  the  Secretary  of 
Commerce  shall  have  the  force  of  law. 
ficJii'  10°8,  Tfte  master  of  the  towing  vessel  shall  be  liable  to  the 
suspension  or  revocation  of  his  license  for  any  willful  vio- 
lation of  regulations  issued  pursuant  to  section  fourteen 
in  the  manner  now  prescribed  for  incompetency,  mis- 
conduct, or  unskillfulness. 
123.  Inspection  of  seaworthiness  at  domestic  ports. 

Dec"455i89s  -^  ^ie  ^rs^  anc^  second  officers  under  the  master  or  a 
Sec.' 7.  '  '  majority  of  the  crew  of  any  vessel  bound  on  any  voyage 
shall,  before  the  vessel  shall  have  left  the  harbor,  discover 
that  the  vessel  is  too  leaky  or  is  otherwise  unfit  in  her 
crew,  body,  tackle,  apparel,  furniture,  provisions,  or  stores 
to  proceed  on  the  intended  voyage,  and  shall  require  such 
unfitness  to  be  inquired  into,  the  master  shall,  upon  the 
request  of  the  first  and  second  officers  under  the  master  or 
such  majority  of  the  crew,  forthwith  apply  to  the  judge  of 
the  district  court  of  that  judicial  district,  if  he  shall  there 
reside,  or  if  not,  to  some  justice  of  the  peace  of  the  city, 
town,  or  place  for  the  appointment  of  surveyors,  as  in  sec- 
tion forty-five  hundred  and  fifty-seven  provided,  taking 
with  him  two  or  more  of  the  crew  who  shall  have  made 


PAET  VI. SEAWORTHINESS,   SUPPLIES,   LOG    BOOK.  107 

such  request ;  and  any  master  refusing  or  neglecting  to 
comply  with  these  provisions  shall  be  liable  to  a  penalty 
of  five  hundred  dollars.  [This  section  shall  not  apply  to 
fishing  or  whaling  vessels  or  yachts — Dec.  21,  1898, 
sec.  26.] 

The  judge,  or  justice,  in  a  domestic  port,  shall,  upon  r.^s.^sst.^ 
such  application  of  the  master  or  commander,  issue  his  sec.'  8.  ' 
precept,  directed  to  three  persons  in  the  neighborhood,  the 
most  experienced  and  skillful  in  maritime  affairs  that  can 
be  procured;  and  whenever  such  complaint  is  about  the 
provisions  one  of  such  surveyors  shall  be  a  physician  or  a 
surgeon  of  the  Public  Health  and  Marine  Hospital  July  l,  1002. 
Service,  if  such  service  is  established  at  the  place  where 
the  complaint  is  made.  It  shall  be  the  duty  of  such  sur- 
veyors to  repair  on  board  such  vessel  and  to  examine  the 
same  in  respect  to  the  defects  and  insufficiencies  com- 
plained of,  and  make  reports  to  the  judge,  or  justice,  as 
the  case  may  be,  in  writing,  under  their  hands  or  the 
hands  of  two  of  them,  whether  in  any  or  in  what  respect 
the  vessel  is  unfit  to  proceed  on  the  intended  voyage,  and 
what  addition  of  men,  provisions,  or  stores,  or  what 
repairs  or  alterations  in  the  body,  tackle,or  apparel  will 
be  necessary;  and  upon  such  report  the  judge  or  justice 
shall  adjudge  and  shall  indorse  on  his  report  his  judg- 
ment whether  the  vessel  is  fit  to  proceed  on  the  intended 
voyage,  and,  if  not,  whether  such  repairs  can  be  made  or 
deficiencies  supplied  where  the  vessel  then  lies,  or  whether 
it  is  necessary  for  her  to  proceed  to  the  nearest  or  most 
convenient  place  where  such  supplies  can  be  made  or 
deficiencies  supplied ;  and  the  master  and  the  crew  shall, 
in  all  things,  conform  to  the  judgment.  The  master  or 
commander  shall,  in  the  first  instance,  pay  all  the  costs  of 
such  review,  report,  or  judgment,  to  be  taxed  and  allowed 
on  a  fair  copy  thereof,  certified  by  the  judge  or  justice. 
But  if  the  complaint  of  the  crew  shall  appear  upon  the 
report  and  judgment  to  have  been  without  foundation,  the 
master  or  commander,  or  the  owner  or  consignee  of  such 
vessel,  shall  deduct  the  amount  thereof,  and  of  reasonable 
damages  for  the  detention,  to  be  ascertained  by  the  judge 
or  justice,  out  of  the  wages  of  the  complaining  seamen. 
[This  section  shall  not  apply  to  fishing  or  whaling  vessels 
or  yachts— Dec.  21,  1808,  sec.  26.] 

If  after  judgment  that  such  vessel  is  fit  to  proceed  on  r.  s.,^558^ 
her  intended  voyage,  or  after  procuring  such  men,  pro-  g^g2/ 
visions,  stores,  repairs,  or  alterations  as  may  be  directed, 
the  seamen,  or  either  of  them,  shall  refuse  to  proceed  on 
the  voyage,  he  shall  forfeit  any  wages  that  may  be  due 
him.  [This  section  shall  not  apply  to  fishing  or  whaling 
vessels  or  yachts— Dec.  21,  1898,  sec.  26.] 


108  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

124.  Inspection  of  seaworthiness  at  foreign  ports. 

Dec.''2L5i9898.      Upon  a  complaint  in  writing,  signed  by  the  first  and 
sec.To.'        '  second  officers  or  a  majority  of  the  crew  of  any  vessel, 
s"'5.'        '   while  in  a  foreign  port,  that  such  vessel  is  in  an  ttnsuit- 
(E?nni!u;eNov".  a^e  condition  to  go  to  sea  because  she  is  leaky  or  insuffi- 
2,  1915.)      '  ciently  supplied  with  sails,  rigging,  anchors,  or  any  other 
equipment,  or  that  the  crew  is  insufficient  to  man  her.  or 
that  her  provisions,  stores,  and  supplies  are  not  or  have 
not  been  during  the  voyage  sufficient  or  wholesome,  there- 
upon, in  any  of  these  or  like  cases  the  consul  or  a  com- 
mercial agent  who  may  discharge  any  of  the  duties  of  a 
consul  shall  cause  to  be  appointed  three  persons  of  like 
qualifications  with  those  described  in  section  forty-five 
hundred  and  fifty-seven,  who  shall  proceed  to  examine 
into  the  cause  of  complaint  and  who  shall  proceed  and 
be  governed  in  all  their  proceedings  as  provided  by  said 
section.     [This  section  shall  not  apply  to  fishing  or  whal- 
ing vessels  or  yachts — Dec.  21,  1898,  sec.  26.] 
r.  s.,  4560.  The  inspectors  appointed  by  any  consul  or  commercial 

agent,  in  pursuance  of  the  preceding  section,  shall  have 
.  full  power  to  examine  the  vessel  and  whatever  is  aboard 
of  her.  so  far  as  is  pertinent  to  their  inquiry,  and  also  to 
hear  and  receive  any  other  proofs  which  the  ends  of  jus- 
tice may  require;  and  if,  upon  a  view  of  the  whole  pro- 
ceedings, the  consul  or  other  commercial  agent  is  satisfied 
therewith,  he  may  approve  the  whole  or  any  part  of  the 
report,  and  shall  certify  such  approval ;  or  if  he  dissents, 
he  shall  certify  his  reasons  for  dissenting. 
June  266iss4.  The  inspectors  in  their  report  shall  also  state  whether 
sec.  4~  '  "  in  their  opinion  the  vessel  was  sent  to  sea  unsuitably  pro- 
Sec.'n.' 1  '  vided  in  any  important  or  essential  particular,  by  neglect 
or  design,  or  through  mistake  or  accident ;  and  in  case  it 
was  by  neglect  or  design,  and  the  consular  officer  approves 
of  such  finding,  he  shall  discharge  such  of  the  crew  as 
request  it,  and  shall  require  the  payment  by  the  master  of 
one  month's  wages  for  each  seaman  over  and  above  the 
wages  then  due,  or  sufficient  money  for  the  return  of  such 
of  the  crew  as  desire  to  be  discharged  to  the  nearest  and 
most  convenient  port  of  the  United  States,  or  by  furnish- 
ing the  seamen  who  so  desire  to  be  discharged  with  em- 
ployment on  a  ship  agreed  to  by  them.  But  if  in  the 
opinion  of  the  inspectors  the  defects  or  deficiencies  found 
to  exist  have  been  the  result  of  mistake  or  accident,  and 
could  not,  in  the  exercise  of  ordinary  care,  have  been 
known  and  provided  against  before  the  sailing  of  the 
vessel,  and  the  master  shall  in  a  reasonable  time  remove 
or  remedy  the  causes  of  complaint,  then  the  crew  shall 
remain  and  discharge  their  duty.  [This  section  shall  not 
apply  to  fishing  or  whaling  vessels  or  yachts — Dec.  21, 
1898,  sec.  26.] 
r  s.,4562.  The  master  shall  pay  all  such  reasonable  charges  for 

inspection  under  such  complaint  as  shall  be  officially  cer- 


PART    VI.— SEAWORTHINESS,    SUPPLIES,    LOG    BOOK.  109 

tified  to  him  under  the  hand  of  the  consul  or  commercial 
agent;  but  in  case  the  inspectors  report  that  the  com- 
plaint is  without  any  good  and  sufficient  cause,  the  master 
may  retain  from  the  wages  of  the  complainants,  in  pro- 
portion to  the  pay  of  each,  the  amount  of  such  charges, 
with  such  reasonable  damages  for  detention  on  that  ac- 
count as  the  consul  or  commercial  agent  directing  the  in- 
quiry may  officially  certify. 

Every  master  who  refuses  to  pay  such  wages  and  R- s-- 4563- 
charges  shall  be  liable  to  each  person  injured  thereby,  in 
damages,  to  be  recovered  in  any  court  of  the  United  States 
in  the  district  where  such  delinquent  may  reside  or  be 
found,  and  in  addition  thereto  be  punishable  by  a  fine 
of  one  hundred  dollars  for  each  offense. 
125.  Provisions  and  water. 

Should  any  master  or  owner  of  any  merchant  vessel  §'ef"2i56i4898 
of  the  United  States  neglect  to  provide  a  sufficient  quan-  sec.'is.' 
tity  of  stores  to  last  for  a  voyage  of  ordinary  duration  to 
the  port  of  destination,  and  in  consequence  of  such  neglect 
the  crew  are  compelled  to  accept  a  reduced  scale,  such 
master  or  owner  shall  be  liable  to  a  penalty  as  provided 
in  section  forty-five  hundred  and  sixty-eight  of  the 
Revised  Statutes. 

Any  three  or  more  of  the  crew  of  any  merchant-vessel  R.  s.,  4565. 
of  the  United  States  bound  from  a  port  in  the  United 
States  to  any  foreign  port,  or  being  of  the  burden  of 
seventy-five  tons  or  upward,  and  bound  from  a  port  on 
the  Atlantic  to  a  port  on  the  Pacific,  or  vice  versa,  may 
complain  to  any  officer  in  command  of  any  of  the  vessels 
of  the  United  States  Navy,  or  consular  officer  of  the 
United  States,  or  shipping-commissioner  or  chief  officer 
of  the  customs,  that  the  provisions  or  water  for  the  use 
of  the  crew  are,  at  any  time,  of  bad  quality,  unfit  for  use, 
or  deficient  in  quantity.  Such  officer  shall  thereupon  ex- 
amine the  provisions  or  water,  or  cause  them  to  be  exam- 
ined; and  if,  on  examination,  such  provisions  or  water 
are  found  to  be  of  bad  quality  and  unfit  for  use,  or  to  be 
deficient  in  quantity,  the  person  making  such  examination 
shall  certify  the  same  in  writing  to  the  master  of  the 
ship.  If  such  master  does  not  thereupon  provide  other 
proper  provisions  or  water,  where  the  same  can  be  had, 
in  lieu  of  any  so  certified  to  be  of  a  bad  quality  and  unfit 
for  use,  or  does  not  procure  the  requisite  quantity  of  any 
so  certified  to  be  insufficient  in  quantity,  or  uses  any  pro- 
visions or  water  which  have  been  so  certified  as  aforesaid 
to  be  of  bad  quality  and  unfit  for  use,  he  shall,  in  every 
such  case,  be  liable  to  a  penalty  of  not  more  than  one 
hundred  dollars;  and  upon  every  such  examination  the 
officers  making  or  directing  the  same  shall  enter  a  state- 
ment of  the  result  of  the  examination  in  the  log-book,  and 
shall  send  a  report  thereof  to  the  district  judge  for  the 
judicial  district  embracing  the  port  to  which  such  vessel 


HO  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

is  bound;  and  such  report  shall  be  received  in  evidence 
in  any  legal  proceedings. 
Dec ""4i56i6898       ^  tne  officer  to  whom  any  such  complaint  in  regard  to 
sec' 13.'        "  the  provisions  or  the  water  is  made  certifies  in  such  state- 
ment that  there  was  no  reasonable  ground  for  such  com- 
plaint, each  of  the  parties  so  complaining  shall  forfeit  to 
the  master  or  owner  his  share  of  the  expense,  if  any,  of 
the  survey.     [This  section  shall  not  apply  to  fishing  or 
whaling  vessels  or  yachts — Dec.  21,  1898,  sec.  26.] 
r.  s.,  456-.  If  any  seamen,  while  on  board  any  vessel,  shall  state  to 

the  master  that  they  desire  to  make  complaint,  in  accord- 
ance with  the  two  preceding  sections,  in  regard  to  the  pro- 
visions or  the  water,  to  a  competent  officer,  against  the 
master,  the  master  shall,  if  the  vessel  is  then  at  a  place 
where  there  is  any  such  officer,  so  soon  as  the  service  of 
the  vessel  will  permit,  and  if  the  vessel  is  not  then  at  such 
a  place,  so  soon  after  her  first  arrival  at  such  place  as  the 
service  of  the  vessel  will  permit,  allow  such  seamen,  or 
any  of  them,  to  go  ashore,  or  shall  send  them  ashore,  in 
proper  custody,  so  that  they  may  be  enabled  to  make  such 
complaint ;  and  shall,  in  default,  be  liable  to  a  penalty  of 
not  more  than  one  hundred  dollars. 
r.  s.,  4568.  If  ?  during  a  voyage,  the  allowance  of  any  of  the  provi- 

sec'.it 1898'  sions  which  any  seaman  is  entitled  to  under  section  forty- 
six  hundred  and  twelve  of  the  Revised  Statutes  is  reduced 
except  for  any  time  during  which  such  seaman  willfully 
and  without  sufficient  cause  refuses  or  neglects  to  perform 
his  duty,  or  is  lawfully  under  confinement  for  misconduct 
either  on  board  or  on  shore ;  or  if  it  shall  be  shown  that 
any  of  such  provisions  are,  or  have  been  during  the  voy- 
age, bad  in  quality  or  unfit  for  use,  the  seaman  shall 
receive,  by  way  of  compensation  for  such  reduction  or 
bad  quality,  according  to  the  time  of  its  continuance,  the 
following  sums,  to  be  paid  to  him  in  addition  to  and  to 
be  recoverable  as  wages : 

First.  If  his  allowance  is  reduced  by  any  quantity  not 
exceeding  one-third  of  the  quantity  specified  by  law,  a 
sum  not  exceeding  fifty  cents  a  day. 

Second.  If  his  allowance  is  reduced  by  more  than  one- 
third  of  such  quantity,  a  sum  not  exceeding  one  dollar  a 
day. 

Third.  In  respect  to  bad  quality,  a  sum  not  exceeding 
one  dollar  a  day. 

But  if  it  is  shown  to  the  satisfaction  of  the  court  before 
which  the  case  is  tried  that  any  provisions,  the  allowance 
of  which  has  been  reduced,  could  not  be  procured  or  sup- 
plied in  sufficient  quantities,  or  were  unavoidably  injured 
or  lost,  or  if  by  reason  of  its  innate  qualities  any  article 
becomes  unfit  for  use  and  that  proper  and  equivalent  sub- 
stitutes were  supplied  in  lieu  thereof,  the  court  shall  take 
such  circumstances  into  consideration  and  shall  modify  or 
refuse  compensation,  as  the  justice  of  the  case  may  re- 
quire. [This  section  shall  not  apply  to  fishing  or  whaling 
vessels  or  yachts— Dec.  21,  1898,  sec.  26.] 


PART   VI. SEAWORTHINESS,    SUPPLIES,    LOG   BOOK.  Ill 

126.  Weights  and  measures. 

Every  master  shall  keep  on  board  proper  weights  and  R.  s.,  4571. 
measures  for  the  purpose  of  determining  the  quantities  of 
the  several  provisions  and  articles  served  out,  and  shall 
allow  the  same  to  be  used  at  the  time  of  serving  out  such 
provisions  and  articles,  in  the  presence  of  a  witness, 
whenever  any  dispute  arises  about  such  quantities,  and  in 
default  shall,  for  every  offense,  be  liable  to  a  penalty  of 
not  more  than  fifty  dollars. 

127.  Medicines  and  antiscorbutics. 

Every  vessel  belonging  to  a  citizen  of  the  United  R- B- 4569- 
States,  "bound  from  a  port  in  the  United  States  to  any 
foreign  port,  or  being  of  the  burden  of  seventy-five  tons 
or  upward,  and  bound  from  a  port  on  the  Atlantic  to  a 
port  on  the  Pacific,  or  vice  versa,  shall  be  provided  with 
a  chest  of  medicines ;  and  every  sailing-vessel  bound  on  a 
vovage  across  the  Atlantic  or  Pacific  Ocean,  or  around 
Cape  Horn,  or  the  Cape  of  Good  Hope,  or  engaged  in  the 
whale  or  other  fisheries,  or  in  sealing,  shall  also  be  pro- 
vided with,  and  cause  to  be  kept,  a  sufficient  quantity  of 
lime  or  lemon  juice,  and  also  sugar  and  vinegar,  or  other 
anti-scorbutics,  to  be  served  out  to  every  seaman  as  fol- 
lows :  The  master  of  every  such  vessel  shall  serve  the  lime 
or  lemon  juice,  and  sugar  and  vinegar,  to  the  crew,  within 
ten  days  after  salt  provisions  mainly  have  been  served 
out  to  the  crew,  and  so  long  afterward  as  such  consump- 
tion of  salt  provisions  continues;  the  lime  or  lemon  juice 
and  sugar  daily  at  the  rate  of  half  an  ounce  each  per  day ; 
and  the  vinegar  weekly  at  the  rate  of  half  a  pint  per 
week  for  each  member  of  the  crew. 

If,  on  any  such  vessel,  such  medicines,  medical  stores,  R.  s.,4570. 
lime  or  lemon  juice,  or  other  articles,  sugar,  and  vinegar, 
as  are  required  by  the  preceding  section,  are  not  pro- 
vided and  kept  on  board,  as  required,  the  master  or 
owner  shall  be  liable  to  a  penalty  of  not  more  than  five 
hundred  dollars;  and  if  the  master  of  any  such  vessel 
neglects  to  serve  out  the  lime  or  lemon  juice,  and  sugar 
and  vinegar  in  the  cnse  and  manner  directed,  he  shall  for 
each  such  offense  be  liable  to  a  penalty  of  not  more  than 
one  hundred  dollars;  and  if  any  master  is  convicted  in 
either  of  the  offenses  mentioned  in  this  section,  and  it  ap- 
pears that  the  offense  is  owing  to  the  act  or  default  of  the 
owner,  such  master  may  recover  the  amount  of  such  pen- 
alty, and  the  costs  incurred  by  him,  from  the  owner. 
128.   Slop  chest. 

Every  such  vessel  [R.  S.,  4569]  except  vessels  engaged  jggffi  1884- 
in  the  whaling  or  fishing  business  shall  also  be  provided 
with  a  slop-chest,  which  shall  contain  a  complement  of 
clothing  for  the  intended  voyage  for  each  seaman  em- 
ployed, including  boots  or  shoes,  hats,  or  caps,  under  Jg^Jf* 1886' 
clothing  and  outer  clothing,  oiled  clothing,  and  every- 


112  NAVIGATION    LAWS   OF    THE   UNITED   STATES. 

thing  necessary  for  the  wear  of  a  seaman ;  also  a  full  sup- 
ply of  tobacco  and  blankets.  Any  of  the  contents  of  the 
slop-chest  shall  be  sold,  from  time  to  time,  to  any  or 
every  seaman  applying  therefor,  for  his  own  use,  at  a 
profit  not  exceeding  ten  per  centum  of  the  reasonable 
wholesale  value  of  the  same  at  the  port  at  which  the 
voyage  commenced.  And  if  any  such  vessel  is  not  pro- 
vided, before  sailing,  as  herein  required,  the  owner  shall 
be  liable  to  a  penalty  of  not  more  than  five  hundred  dol- 
lars. The  provisions  of  this  section  shall  not  apply  to 
vessels  plying  between  the  United  States  and  the  Domin- 
ion of  Canada,  Newfoundland,  the  Bermuda  Islands,  the 
Bahama  Islands,  the  West  Indies,  Mexico  and  Central 
America. 

129.  "Warmth  and  clothing. 

DecSi,  1898.       Every  vessel  bound  on  any  foreign  voyage  exceeding  in 
sec.  is.  length  fourteen  days  shall  also  be  provided  with  at  least 

one  suit  of  woolen  clothing  for  each  seaman,  and  every 
vessel  in  the  foreign  or  domestic  trade  shall  provide  a  safe 
and  warm  room  for  the  use  of  seamen  in  cold  weather. 
Failure  to  make  such  provision  shall  subject  the  owner  or 
master  to  a  penalty  of  not  less  than  one  hundred  dollars. 
[This  section  shall  not  applv  to  fishing  or  whaling  vessels 
or  yachts— Dec.  21,  1898,  sec.  26.] 

130.  Log  hook. 

Every  vessel  making  voyages  from  a  port  in  the  United 
States  to  any  foreign  port,  or  being  of  the  burden  of 
seventy-five  tons,  or  upward,  from  a  port  on  the  Atlantic 
to  a  port  on  the  Pacific,  or  vice  versa,  shall  have  an 
official  log-book;  and  every  master  of  such  vessel  shall 
make,  or  cause  to  be  made  therein,  entries  of  the  follow- 
ing matters,  that  is  to  say : 

First.  Every  legal  conviction  of  any  member  of  his 
crew,  and  the  punishment  inflicted. 

Second.  Every  offense  committed  by  anj7  member  of  his 
crew  for  which  it  is  intended  to  prosecute,  or  to  enforce  a 
forfeiture,  together  with  such  statement  concerning  the 
reading  over  such  entry,  and  concerning  the  reply,  if  any, 
made  to  the  charge,  as  is  required  by  the  provisions  of 
section  forty-five  hundred  and  ninety-seven. 

Third.  Every  offense  for  which  punishment  is  inflicted 
on  board,  and  the  punishment  inflicted. 

Fourth.  A  statement  of  the  conduct,  character,  and 
qualifications  of  each  of  his  crew ;  or  a  statement  that  he 
declines  to  give  an  opinion  of  such  particulars. 

Fifth.  Every  case  of  illness  or  injury  happening  to  any 
member  of  the  crew,  with  the  nature  thereof,  and  the 
medical  treatment. 

Sixth.  Every  case  of  death  happening  on  board,  with 
the  cause  thereof. 


S.,  42S 


PART   VI. SEAWORTHINESS,   SUPPLIES,   LOG  BOOK.  113 

Seventh.  Every  birth  happening  on  board,  with  the 
sex  of  the  infant,  and  the  names  of  the  parents. 

Eighth.  Every  marriage  taking  place  on  board,  with 
the  names  and  ages  of  the  parties. 

Ninth.  The  name  of  every  seaman  or  apprentice  who 
ceases  to  be  a  member  of  the  crew  otherwise  than  by 
death,  with  the  place,  time,  manner,  and  cause  thereof. 

Tenth.  The  wages  due  to  any  seaman  or  apprentice 
who  dies  during  the  voyage,  and  the  gross  amount  of  all 
deductions  to  be  made  therefrom. 

Eleventh.  The  sale  of  the  effects  of  any  seaman  or  ap- 
prentice who  dies  during  the  voyage,  including  a  state- 
ment of  each  article  sold,  and  the  sum  received  for  it. 

Twelfth.  In  every  case  of  collision  in  which  it  is  prac-  Fel)- 14<  190°- 
ticable  so  to  do,  the  master  shall,  immediately  after  the 
occurrence,  cause  a  statement  thereof,  and  of  the  circum- 
stances under  which  the  same  occurred,  to  be  entered  in 
the  official  log  book.  Such  entry  shall  be  made  in  the 
manner  prescribed  in  section  forty-two  hundred  and 
ninety-one,  and  failure  to  make  such  entry  shall  subject 
the  offender  to  the  penalties  prescribed  by  section  forty- 
two  hundred  and  ninety-two. 

Every  entry  hereby  required  to  be  made  in  the  official  R-  s-  4291- 
log-book  shall  be  signed  by  the  master  and  by  the  mate,  or 
some  other  one  of  the  crew,  and  every  entry  in  the  official 
log-book  shall  be  made  as  soon  as  possible  after  the  occur- 
rence to  which  it  relates,  and,  if  not  made  on  the  same  day 
as  the  occurrence  to  which  it  relates,  shall  be  made  and 
dated  so  as  to  show  the  date  of  the  occurrence,  and  of  the 
entry  respecting  it ;  and  in  no  case  shall  any  entry  therein, 
in  respect  of  any  occurrence  happening  previously  to  the 
arrival  of  the  vessel  at  her  final  port,  be  made  more  than 
twenty-four  hours  after  such  arrival. 

If  in  any  case  the  official  log-book  is  not  kept  in  the  R-  s->  4292» 
manner  hereby  required,  or  if  any  entry  hereby  directed 
to  be  made  in  any  such  log-book  is  not  made  at  the  time 
and  in  the  manner  hereby  directed,  the  master  shall,  for 
each  such  offense,  be  liable  to  a  penalty  of  not  more  than 
twenty-five  dollars ;  and  every  person  who  makes,  or  pro- 
cures to  be  made,  or  assists  in  making,  any  entry  in  any 
official  log-book  in  respect  of  any  occurrence  happening 
previously  to  the  arrival  of  the  vessel  at  her  final  port 
of  discharge,  more  than  twenty-four  hours  after  such  ar- 
rival, shall,  for  each  offense,  be  liable  to  a  penalty  of  not 
more  than  one  hundred  and  fifty  dollars. 
143562°— 19 8 


Part  VII.— LIABILITY  OF  OWNERS,  MASTERS,  AND 
SHIPPERS. 


131.  Liability  of  owners,  masters,  and 

shippers. 

132.  Act  of  February  13,  1S93  (Harter 

Act). 


133.  General  libel  bond. 


131.  Liability  of  owners,  masters,  and  shippers. 

If  any  shipper  of  platina,  gold,  gold  dust,  silver,  bul- 
lion, or  other  precious  metals,  coins,  jewelry,  bills  of  any 
bank  or  public  body,  diamonds,  or  other  precious  stones, 
or  any  gold  or  silver  in  a  manufactured  or  unmanufac- 
tured state,  watches,  clocks,  or  time  pieces  of  any  descrip- 
tion, trinkets,  orders,  notes,  or  securities  for  payment  of 
money,  stamps,  maps,  writings,  title-deeds,  printings, 
engravings,  pictures,  gold  or  silver  plate  or  plated  articles, 
glass,  china,  silks  in  a  manufactured  or  unmanufactured 
state,  and  whether  wrought  up  or  not  wrought  up  with 
any  other  material,  furs,  or  lace,  or  any  of  them,  contained 
in  any  parcel,  or  package,  or  trunk,  shall  lade  the  same  as 
freight  or  baggage,  on  any  vessel,  without  at  the  time  of 
such  lading  giving  to  the  master,  clerk,  agent,  or  owner 
of  such  vessel  receiving  the  same  a  written  notice  of  the 
true  character  and  value  thereof,  and  having  the  same 
entered  on  the  bill  of  lading  therefor,  the  master  and 
owner  of  such  vessel  shall  not  be  liable  as  carriers  thereof 
in  any  form  or  manner;  nor  shall  any  such  master  or 
owner  be  liable  for  any  such  goods  beyond  the  value  and 
according  to  the  character  thereof  so  notified  and  entered. 

No  owner  of  any  vessel  shall  be  liable  to  answer  for  or 
make  good  to  any  person  any  loss  or  damage  which  may 
happen  to  any  merchandise  whatsoever,  wdiich  shall  be 
shipped,  taken  in,  or  put  on  board  any  such  vessel,  by 
reason  or  by  means  of  any  fire  happening  to  or  on  board 
the  vessel,  unless  such  fire  is  caused  by  the  design  or 
neglect  of  such  owner. 

The  liability  of  the  owner  of  any  vessel,  for  any  embez- 
zlement, loss,  or  destruction,  by  any  person,  of  any  prop- 
erty, goods,  or  merchandise,  shipped  or  put  on  board  of 
such  vessel,  or  for  any  loss,  damage,  or  injury  by  col- 
lision, or  for  any  act,  matter,  or  thing,  lost,  damage,  or 
forfeiture,  done,  occasioned,  or  incurred,  without  the 
privity  or  knowledge  of  such  owner  or  owners,  shall  in 
no  case  exceed  the  amount  or  value  of  the  interest  of  such 
owner  in  such  vessel,  and  her  freight  then  pending. 


114 


PART  VII. LIABILITY  OF  OWNERS,  MASTERS,  AND  SHIPPERS.     115 

Whenever  any  such  embezzlement,  loss,  or  destruction  R-  s> 4284> 
is  suffered  by  several  freighters  or  owners  of  goods,  wares, 
merchandise,  or  any  property  whatever,  on  the  same  voy- 
age, and  the  whole  value  of  the  vessel,  and  her  freight  for 
the  voyage,  is  not  sufficient  to  make  compensation  to  each 
of  them,  they  shall  receive  compensation  from  the  owner 
of  the  vessel,  in  proportion  to  their  respective  losses;  and 
for  that  purpose  the  freighters  and  owners  of  the  prop- 
erty, and  the  owner  of  the  vessel,  or  any  of  them,  may 
take  the  appropriate  proceedings  in  any  court,  for  the 
purpose  Of  apportioning  the  sum  for  which  the  owner  of 
the  vessel  may  be  liable  among  the  parties  entitled  thereto. 

It  shall  be  deemed  a  sufficient  compliance  on  the  part  of  R-  s-'  4285- 
such  owner  with  the  requirements  of  this  Title  [E.  S., 
4131-4305]  relating  to  his  liability  for  any  embezzlement, 
loss,  or  destruction  of  any  property,  goods,  or  merchan- 
dise, if  he  shall  transfer  his  interest  in  such  vessel  and 
freight,  for  the  benefit  of  such  claimants,  to  a  trustee,  to 
be  appointed  by  any  court  of  competent  jurisdiction,  to 
act  as  such  trustee  for  the  person  who  may  prove  to  be 
legally  entitled  thereto ;  from  and  after  which  transfer  all 
claims  and  proceedings  against  the  owner  shall  cease. 

The  charterer  of  any  vessel,  in  case  he  shall  man,  vict-  R.  s.,  4286. 
ual,  and  navigate  such  vessel  at  his  own  expense,  or  by 
his  own  procurement,  shall  be  deemed  the  owner  of  such 
vessel  within  the  meaning  of  the  provisions  of  this  Title 
[B.  S.,  4131-4305]  relating  to  the  limitation  of  the  lia- 
bility of  the  owners  of  vessels;  and  such  vessel,  when  so 
chartered,  shall  be  liable  in  the  same  manner  as  if  navi- 
gated by  the  owner  thereof. 

Nothing  in  the  five  preceding  sections  shall  be  con-  R-  s.,  4287. 
struecl  to  take  away  or  affect  the  remedy  to  which  any 
party  may  be  entitled,  against  the  master,  officers,  or  sea- 
men, for  or  on  account  of  any  embezzlement,  injury,  loss, 
or  destruction  of  merchandise,  or  property,  put  on  board 
any  vessel,  or  on  account  of  any  negligence,  fraud,  or 
other  malversation  of  such  master,  officers,  or  seamen,  re- 
spectively, nor  to  lessen  or  take  away  any  responsibility 
to  which  any  master  or  seaman  of  any  vessel  may  by  law 
be  liable,  notwithstanding  such  master  or  seaman  may  be 
an  owner  or  part  owner  of  the  vessel. 

Any  person  shipping  oil  of  vitriol,  unslacked  lime,  in-  R-  »•>  4288. 
flammable  matches,   or  gunpowder,  in   a  vessel  taking 
cargo  for  divers  persons  on  freight,  without  delivering, 
at  the  time  of  shipment,  a  note  in  writing,  expressing  the 
nature  and  character  of  such  merchandise,  to  the  master, 
mate,  officer,  or  person  in  charge  of  the  lading  of  the  ves-  June  19,  1886. 
sel,  shall  be  liable  to  the  United  States  in  a  penalty  of  Sec'4- 
one  thousand  dollars. 

The  individual  liability  of  a  ship-owner,  shall  be  limited  ^J?6]!6' 1884- 
to  the  proportion  of  any  or  all  debts  and  liabilities  that 
his  individual  share  of  the  vessel  bears  to  the  whole ;  and 


Feb.  13,  1S03 
Sec.  1. 


116  NAVIGATION   LAWS   OP    THE   UNITED   STATES. 

the  aggregate  liabilities  of  all  the  owners  of  a  vessel  on 
account  of  the  same  shall  not  exceed  the  value  of  such 
vessel  and  freight  pending :  Provided,  That  this  provision 
shall  not  affect  the  liability  of  any  owner  incurred  pre- 
vious to  the  passage  of  this  act,  nor  prevent  any  claimant 
from  joining  all  the  owners  in  one  action ;  nor  shall  the 
same  apply  to  wages  due  to  persons  employed  by  said 
ship-owners. 
? ' fe  ioSi886  Tne  provisions  of  the  seven  preceding  sections,  and  of 
sec \  '  '  section  eighteen  of  an  act  entitled  "An  act  to  remove  cer- 
tain burdens  on  the  American  merchant  marine  and  en- 
courage the  American  foreign  carrying-trade,  and  for 
other  purposes,"  approved  June  twenty-sixth,  eighteen 
hundred  and  eighty-four,  relating  to  the  limitations  of 
the  liability  of  the  owners  of  vessels,  shall  apply  to  all 
sea-going  vessels,  and  also  to  all  vessels  used  on  lakes  or 
rivers  or  in  inland  navigation,  including  canal-boats, 
barges,  and  lighters. 
132.  Act  of  February  13,  1893  (Harter  Act). 

It  shall  not  be  lawful  lor  the  manager,  agent,  master 
or  owner  of  any  vessel  transporting  merchandise  or  prop- 
erty from  or  between  ports  of  the  United  States  and  for- 
eign ports  to  insert  in  any  bill  of  lading  or  shipping  docu- 
ment any  clause,  covenant,  or  agreement  whereby  it,  he, 
or  they  shall  be  relieved  from  liability  for  loss  or  damage 
arising  from  negligence,  fault,  or  failure  in  proper  load- 
ing, stowage,  custody,  care,  or  proper  delivery  of  any  and 
all  lawful  merchandise  or  property  committed  to  its  or 
their  charge.  Any  and  all  words  or  clauses  of  such  im- 
port inserted  in  bills  of  lading  or  shipping  receipts  shall 
be  null  and  void  and  of  no  effect. 

It  shall  not  be  lawful  for  any  vessel  transporting  mer- 
chandise or  property  from  or  between  ports  of  the  United 
States  of  America  and  foreign  ports,  her  owner,  master, 
agent  or  manager  to  insert  in  any  bill  of  lading  or  ship- 
ping document  any  covenant  or  "agreement  whereby  the 
obligations  of  the  owner  or  owners  of  said  vessel  to  exer- 
cise due  diligence,  properly  equip,  man,  provision,  and 
outfit  said  vessel,  and  to  make  said  vessel  seaworthy  and 
capable  of  performing  her  intended  voyage,  or  whereby 
the  obligations  of  the  master,  officers,  agents,  or  servants 
to  carefully  handle  and  stow  her  cargo  and  to  care  for 
and  properly  deliver  same,  shall  in  any  wise  be  lessened, 
weakened,  or  avoided. 

If  the  owner  of  any  vessel  transporting  merchandise 
or  property  to  or  from  any  port  in  the  United  States  of 
America  shall  exercise  due  diligence  to  make  the  said 
vessel  in  all  respects  seaworthy  and  properly  manned, 
equipped,  and  supplied,  neither  the  vessel,  or  owners, 
agent,  or  charterers  shall  become  or  beheld  responsible  for 
damage  or  loss  resulting  from  faults  or  errors  in  navi- 
gation or  in  the  management  of  said  vessel,  nor  shall  the 


PART  VII. LIABILITY  OP  OWNERS,  MASTERS,  AND  SHIPPERS.    117 

vessel,  her  owner  or  owners,  charterers,  agent,  or  master, 
be  held  liable  for  losses  arising  from  dangers  of  the  sea  or 
other  navigable  waters,  acts  of  God,  or  public  enemies,  or 
the  inherent  defect,  quality,  or  vice  of  the  thing  carried, 
or  from  insufficiency  of  package,  or  seizure  under  legal 
process,  or  for  loss  resulting  from  any  act  or  omission  of 
the  shipper  or  owner  of  the  goods,  his  agent  or  represen- 
tative, or  from  saving  or  attempting  to  save  life  or  prop- 
erty at  sea,  or  from  any  deviation  in  rendering  such 
service. 

It  shall  be  the  duty  of  the  owner  or  owners,  masters,  or  Sec- 4 
agent  of  any  vessel  transporting  merchandise  or  property 
from  or  between  ports  of  the  United  States  and  foreign 
ports  to  issue  to  shippers  of  any  lawful  merchandise  a  bill 
of  lading,  or  shipping  document,  stating,  among  other 
things,  the  marks  necessary  for  identification,  number  of 
packages,  or  quantity,  stating  whether  it  be  carrier's  or 
shipper's  weight,  and  apparent  order  or  condition  of  such 
merchandise  or  property  delivered  to  and  received  by  the 
owner,  master,  or  agent  of  the  vessel  for  transportation, 
and  such  document  shall  be  prima  facie  evidence  of  the 
receipt  of  the  merchandise  therein  described. 

For  a  violation  of  any  of  the  provisions  of  this  act  the  Sec-  5- 
agent,  owner,  or  master  of  the  vessel  guilty  of  such  viola- 
tion, and  who  refuses  to  issue  on  demand  the  bill  of  lading 
herein  provided  for,  shall  be  liable  to  a  fine  not  exceeding 
two  thousand  dollars.  The  amount  of  the  fine  and  costs 
for  such  violation  shall  be  a  lien  upon  the  vessel,  whose 
agent,  owner,  or  master  is  guilty  of  such  violation,  and 
such  vessel  may  be  libeled  therefor  in  any  district  court  of 
the  United  States,  within  whose  jurisdiction  the  vessel 
may  be  found.  One-half  of  such  penalty  shall  go  to  the 
party  injured  by  such  violation  and  the  remainder  to  the 
Government  of  the  United  States. 

This  act  shall  not  be  held  to  modify  or  repeal  sections  Sec- 6- 
forty-two  hundred  and  eighty-one,  forty-two  hundred 
and  eighty-two,  and  forty-two' hundred  and  eighty-three 
of  the  Revised  Statutes  of  the  United  States,  or  any 
other  statute  defining  the  liability  of  vessels,  their  own- 
ers, or  representatives. 

Sections  one  and  four  of  this  act  shall  not  apply  to  the  sec.  7. 
transportation  of  live  animals. 
133.  General  libel  bond. 

When  a  warrant  of  arrest  or  other  process  in  rem  is  £a|'|4J-899 
issued  in  any  cause  of  admiralty  jurisdiction,  except  in 
cases  of  seizures  for  forfeiture  under  any  law  of  the 
United  States,  the  marshal  shall  stay  the  execution  of 
such  process,  or  discharge  the  property  arrested  if  the 
process  has  been  levied,  on  receiving  from  the  claimant  of 
the  property  a  bond  or  stipulation  in  double  the  amount 
claimed  by  the  libelant,  with  sufficient  surety,  to  be  ap- 
proved by  the  judge  of  the  court  where  the  cause  is  pend- 


118  NAVIGATION    LAWS   OF    THE   UNITED  STATES. 

ing,  or,  in  his  absence,  by  the  collector  of  the  port,  con- 
ditioned to  answer  the  decree  of  the  court  in  such  cause. 
Such  bond  or  stipulation  shall  be  returned  to  the  court, 
and  judgment  thereon,  against  both  the  principal  and 
sureties,  may  be  recovered  at  the  time  of  rendering  the 
decree  in  the  original  cause.  And  the  owner  of  any  ves- 
sel may  cause  to  be  executed  and  delivered  to  the  marshal 
a  bond  or  stipulation,  with  sufficient  surety,  to  be  ap- 
proved by  the  judge  of  the  court  in  which  he  is  marshal, 
conditioned  to  answer  the  decree  of  said  court  in  all  or 
any  cases  that  shall  thereafter  be  brought  in  said  court 
against  the  said  vessel,  and  thereupon  the  execution  of  all 
such  process  against  said  vessel  shall  be  stayed  so  long  as 
the  amount  secured  by  such  bond  or  stipulation  shall  be 
at  least  double  the  aggregate  amount  claimed  by  the  libel- 
ants in  such  suits  which  shall  be  begun  and  pending 
against  said  vessel;  and  like  judgments  and  remedies  may 
be  had  on  said  bond  or  stipulation  as  if  a  special  bond  or 
stipulation  had  been  filed  in  each  of  said  suits.  The 
court  may  make  such  orders  as  may  be  necessary  to  carry 
this  section  into  effect,  and  especially  for  the  giving  of 
proper  notice  of  any  such  suit.  Such  bond  or  stipulation 
shall  be  indorsed  by  the  clerk  with  a  minute  of  the  suits 
wherein  process  is  so  stayed,  and  further  security  may  at 
any  time  be  required  by  the  court.  If  a  special  bond  or 
stipulation  in  the  particular  cause  shall  be  given  under 
this  section,  the  liability  as  to  said  cause  on  the  general 
bond  or  stipulation  shall  cease. 


Part  VIII.— INSPECTION  OF  STEAM  VESSELS. 


134.  General  provisions. 

135.  Inspection  of  registered  foreign- 

built  vessels. 

136.  Manning  of  inspected  vessels. 

137.  Inspection    of    hulls    and    equip- 

ment. 

138.  Inspection  of  boilers. 

139.  Loading  safety  valve. 

140.  Water-tight  bulkheads. 

141.  Lifeboats,    lines,    and    life    pre- 

servers. 


142.  Stairways  and  deck  room. 

143.  Wire  tiller  ropes. 

144.  Protection   against   fire. 

145.  Inflammable  or  explosive  cargo. 

146.  Carriage  of  passengers. 

147.  Certificate  of  inspection. 

148.  Exhibit  of  laws. 

149.  Inspectors  and  officers  of  steam 

vessels. 

150.  Liability  for  damage. 

151.  Enforcement  and  penalty. 


R.  S.,  4400. 
Au!?.  7,  1882. 
Mar.  1,  1895. 
Fell.  15,  1902. 


134.  General  provisions. 

Every  vessel  propelled  in  whole  or  in  part  by  steam  R.  s.,  4399 
shall  be  deemed  a  steam- vessel  within  the  meaning  of  this 
Title  [R.  S.,  4399-4500], 

All  steam  vessels  navigating  any  waters  of  the  United 
States  which  are  common  highways  of  commerce  or  open 
to  general  or  competitive  navigation,  excepting  public  Mar.  17,  T908 
vessels  of  the  United  States,  vessels  of  other  countries, 
and  boats  propelled  in  whole  or  in  part  by  steam  for 
navigating  canals,  shall  be  subject  to  the  provisions  of 
this  title.    [See  Aug.  18, 1914,  sec.  2,  p.  124.] 

And  all  foreign  private  steam  vessels  carrying  passen- 
gers from  any  port  of  the  United  States  to  any  other 
place  or  country  shall  be  subject  to  the  provisions  of  sec- 
tions forty-four  hundred  and  seventeen,  forty-four  hun- 
dred and  eighteen,  forty-four  hundred  and  twenty-one, 
forty-four  hundred  and  twenty-two,  forty-four  hundred 
and  "twenty-three,  forty-four  hundred  and  twenty-four, 
forty-four  hundred  and  seventy,  forty-four  hundred  and 
seventy-one,  forty-four  hundred  and  seventy-two,  forty- 
four  hundred  and  seventy-three,  forty-four  hundred  and 
seventy-nine,  forty-four  hundred  and  eighty-two,  forty- 
four  hundred  and  eighty-eight,  forty-four  hundred  and 
eighty-nine,  forty-four  hundred  and  ninety-six,  forty- 
four  hundred  and  ninety-seven,  forty-four  hundred  and 
ninety-nine,  and  forty-five  hundred  of  this  title,  and  shall 
be  liable  to  visitation  and  inspection  by  the  proper  officer, 
in  any  of  the  ports  of  the  United  States,  respecting  any 
of  the  provisions  of  the  sections  aforesaid:  Provided, 
however,  That  when  such  foreign  passenger  steamers  be- 
long to  countries  having  inspection  laws  approximating 
those  of  the  United  States,  and  have  unexpired  certifi- 

119 


120  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

cates  of  inspection  issued  by  the  proper  authorities  in  the 
respective  countries  to  which  they  belong,  they  shall  be 
subject  to  no  other  inspection  than  necessary  to  satisfy 
the  local  inspectors  that  the  condition  of  the  vessel,  her 
boilers,  and  life-saving  equipments  are  as  stated  in  the 
current  certificate  of  inspection;  but  no  such  certificate 
of  inspection  shall  be  accepted  as  evidence  of  lawful 
inspection  except  when  presented  by  steam  vessels  of 
other  countries  which  have  by  their  laws  accorded  to  the 
steam  vessels  of  the  United  States  visiting  such  countries 
the  same  privilege  accorded  herein  to  the  steam  vessels 
of  such  countries  visiting  the  United  States;  it  being 
further  provided  that  there  shall  be  collected  and  paid 
into  the  Treasury  of  the  United  States  the  same  fees  for 
the  inspection  of  foreign  passenger  steamers  carrying 
passengers  from  the  United  States  that  any  foreign 
nation  shall  charge  the  merchant  vessels  of  the  United 
States  trading  to  the  ports  of  such  nationality ;  it  being 
further  provided  that  the  Secretary  of  Commerce  shall 
have  the  power  to  waive  at  any  time  the  collection  of 
such  fees  upon  due  notice  of  the  proper  authorities  of  any 
country  concerned  that  the  collection  of  fees  for  the 
inspection  of  American  steam  merchant  vessels  has  been 
discontinued. 

It  is  further  provided  that  the  Secretary  of  Commerce 
may,   in  his   discretion,   permit  any   foreign   passenger 
steamer  coming  within  the  provisions  of  this  Act  whose 
foreign  certificate  of  inspection  shall  have  expired  at  sea 
since  last  leaving  the  country  to  which  said  vessel  belongs, 
or  while  said  vessel  shall  have  been  in  a  port  of  the 
United  States,  to  sail  upon  her  regular  route  without 
undergoing  any  further  inspection  than  would  have  been 
required  had  said  foreign  certificate  of  inspection  been 
in  force:  Provided,  however,  That  such  discretion  shall 
be  exercised  only  with  respect  of  vessels  operated  upon 
regularly  established  lines,  and  in  cases  where  such  for- 
eign passenger  steamers  will  be  regularly  inspected  by 
the  authorities  of  her  home  government  before  her  next 
return  to  a  port  of  the  United  States. 
Mar"'34iio5        ^  register,  enrollment,  or  license  shall  not  be  granted, 
sec.  9.'        '   or  other  papers  be  issued  by  any  collector  or  other  chief 
secr"54'  1915'   officer  of  customs  to  any  vessel  subject  by  law  to  inspec- 
tion under  this  title  [R,  S.  4399-4500]  until  all  the  provi- 
sions of  this  title  applicable  to  such  vessels  have  been 
fully  complied  with  and  until  the  copy  of  the  certificate 
of  inspection  required  by  this  title  for  such  vessel  has 
been  filed  with  said  collector  or  other  chief  officer  of 
customs. 
Def.'^Tsno.      The  hull  an^  boilers  of  every  ferryboat,  canal  boat, 
Jan!  is,  1897!  yacht,  or  other  small  craft  of  like  character  propelled  by 
sec!'43'  19°°"   steam,  shall  be  inspected  under  the  provisions  of  this 
May  16,  looG.  title.    Such  other  provisions  of  law  for  the  better  security 
of  life  as  may  be  applicable  to  such  vessel  shall,  by  the 
regulations  of  the  board  of  supervising  inspectors,  also  be 


PART  VIII. INSPECTION    OP   STEAM   VESSELS.  121 

required  to  be  complied  with  before  a  certificate  of  inspec- 
tion shall  be  granted,  and  no  such  vessel  shall  be  navi- 
gated without  a  licensed  engineer  and  a  licensed  pilot: 
Provided,  however,  That  in  open  steam  launches  of  ten 
gross  tons  and  under,  one  person,  if  duly  qualified,  may 
serve  in  the  double  capacity  of  pilot  and  engineer.  All 
vessels  of  above  fifteen  gross  tons  carrying  freight  or 
passengers  for  hire,  but  not  engaged  in  fishing  as  a  regular 
business,  propelled  by  gas,  fluid,  naphtha,  or  electric 
motors,  shall  be,  and  are  hereby,  made  subject  to  all  the 
provisions  of  section  forty-four  hundred  and  twenty-six 
of  the  Revised  Statutes  of  the  United  States  relating  to 
the  inspection  of  hulls  and  boilers  and  requiring  engineers 
and  pilots,  and  for  any  violation  of  the  provisions  of  this 
title  applicable  to  such  vessels,  or  of  rules  or  regulations 
lawfully  established  thereunder,  and  to  the  extent  to 
which  such  provisions  of  law  and  regulations  are  so 
applicable,  the  said  vessels,  their  masters,  officers,  and 
owners  shall  be  subject  to  the  provisions  of  sections  forty- 
four  hundred  and  ninety-six,  forty-four  hundred  and 
ninety-seven,  forty- four  hundred  and  ninety-eight,  forty- 
four  hundred  and  ninety-nine,  and  forty-five  hundred, 
relating  to  the  imposition  and  enforcement  of  penalties 
and  the  enforcement  of  law. 

All  vessels  of  fifteen  gross  tons  or  less  propelled  in 
whole  or  in  part  by  gas,  gasoline,  petroleum,  naphtha, 
fluid,  or  electricity,  and  carrying  passengers  for  hire, 
shall  carry  one  life-preserver,  of  the  sort  prescribed  by 
the  regulations  of  the  board  of  supervising  inspectors,  for 
every  passenger  carried,  and  no  such  boat  while  so  carry- 
ing passengers  shall  be  operated  or  navigated  except  in 
charge  of  a  person  duly  licensed  for  such  service  by  the 
local  board  of  inspectors.  No  examination  shall  be  re- 
quired as  a  condition  of  the  obtaining  of  such  a  license, 
and  any  such  license  shall  be  revoked  or  suspended  by 
the  local  board  of  inspectors  for  misconduct,  gross  neg- 
ligence, recklessness  in  navigation,  intemperance,  or  vio- 
lation of  law  on  the  part  of  the  holder,  and  if  revoked, 
the  person  holding  such  license  shall  be  incapable  of 
obtaining  another  such  license  for  one  year  from  the  date 
of  revocation.     [See  motor  boat  act,  p.  350.] 

Irondequoit  Bay,  New  York,  shall,  for  the  purpose  of  .Tune  25,  i890. 
applying  the  provisions  of  title  fifty-two  of  the  Revised 
Statutes  [R,  S.,  4399-4500],  relating  to  steam-vessels 
navigating  thereon,  be  declared  a  navigable  water  of  the 
United  States;  and  steam- vessels  navigated  thereon,  and 
carrying  passengers,  shall  be  inspected  under  the  pro- 
visions of  section  forty-four  hundred  and  twenty-six  of 
the  title  [R.  S.,  4399-4500]  referred  to,  and  subject  to 
the  penalties  provided  therein  for  a  failure  to  comply 
therewith. 

The  hull  and  boiler  of  every  tug-boat,  towing-boat,  and  R.s.,  4427. 
freight-boat  shall  be  inspected,  under  the  provisions  of 


122  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

this  Title  [R.  S.,  4399-4500]  ;  and  the  inspectors  shall  see 
that  the  boilers,  machinery,  and  appurtenances  of  such 
vessel  are  not  dangerous  in  form  or  workmanship,  and 
that  the  safety-valves,  gauge-cocks,  low-water  alarm-indi- 
cators, steam-gauges,  and  fusible  plugs  are  all  attached  in 
conformity  to  law;  and  the  officers  navigating  such  ves- 
sels shall  be  licensed  in  conformity  with  the  provisions  of 
this  Title,  and  shall  be  subject  to  the  same  provisions  of 
law  as  officers  navigating  passenger-steamers. 

Whenever  any  person  directly  interested  in  or  affected 
by  any  decision  or  action  of  any  board  of  local  inspectors 
of  vessels  shall  feel  aggrieved  by  such  decision  or  action, 
he  may  appeal  therefrom  to  the  supervising  inspector  of 
the  district;  and  a  like  appeal  shall  be  allowed  from  any 

June  10,  1918.  decision  or  action  of  a  supervising  inspector  to  the  Super- 
vising Inspector  General,  whose  decision,  when  approved 
by  the  Secretary  of  Commerce,  shall  be  final :  Provided, 
however,  That  application  for  such  reexamination  of  the 
case  by  a  supervising  inspector  or  by  the  Supervising 
Inspector  General  shall  be  made  within  thirty  days  after 
the  decision  or  action  appealed  from  shall  have  been  ren- 
dered or  taken :  And  provided  further,  That  in  all  cases 
reviewed  under  the  provisions  of  this  Act  where  the  issue 
is  the  suspension  or  revocation  of  the  license  of  a  licensed 
officer  such  officer  shall  be  allowed  to  be  represented  by 
counsel  and  to  testify  in  his  own  behalf. 

Sec-  2-  That    whenever    there    shall    be    a    disagreement  be- 

tween the  local  inspectors  in  regard  to  any  matter  be- 
fore them  for  decision  they  shall  report  the  case  to  the 
supervising  inspector  of  the  district,  who  shall  investigate 
and  decide  the  same.  Any  supervising  inspector  may 
within  thirty  days  thereafter,  upon  his  own  motion,  re- 
view any  decision  or  action  of  any  board  of  local  inspec- 
tors within  his  district  and  in  like  manner  the  Supervis- 
ing Inspector  General  may  within  thirty  days  thereafter 
review  any  decision  or  action  of  any  supervising  inspector 
or  board  of  local  inspectors,  and  the  decision  of  the 
Supervising  Inspector  General  in  such  case  shall,  when 
approved  by  the  Secretary  of  Commerce,  be  final. 

Sec-  3-  That    any   decision   or   action   reviewed   by   the   Su- 

pervising inspector  General  or  by  any  supervising  in- 
spector, as  provided  in  sections  one  and  two  of  this  Act, 
may  be  revoked,  changed,  or  modified  by  such  reviewing 
officer,  who  shall  have  power  to  administer  oaths  and  to 
summon  and  compel  the  attendance  of  witnesses  by  a 
similar  process  as  in  the  district  courts  of  the  United 
States;  and  the  disbursing  clerk,  Department  of  Com- 
merce, shall  pay,  on  properly  certified  vouchers,  such  fees 
to  any  witness  so  summoned  for  his  actual  travel  and 
attendance  as  shall  be  officially  certified  to  by  the  officer 
revieAving  the  case,  not  exceeding  the  rate  allowed  for  fees 
to  witnesses  for  travel  and  attendance  in  the  district 
courts  of  the  United  States. 


PART  VIII. — OFFICERS   OF   MERCHANT  VESSELS.  123 

That  the    Secretary   of    Commerce    shall    make  such    Sec-  4- 
regulations  as  may  be  necessary  to  secure  a  proper  en- 
forcement of  the  provisions  of  this  Act. 

That  section  forty-four  hundred  and  fifty-two  of  the    Sec-  5- 
Revised  Statutes,  as  amended  by  section  six  of  the  Act  of 
March  third,  nineteen  hundred  and  five,  is  hereby  re- 
pealed. .  1,1.  R    Q     44^ 

In  addition  to  the  annual  inspection,  the  local  mspec-    &ar°-'8>  190gp 
tors  shall  examine,  at  proper  times,  steamers  arriving  and    sec.  2. 
departing  to  and  from  their  respective  ports,  so  often 
as  to  enable  them  to  detect  any  neglect  to  comply  with  the 
requirements  of  law,  and  also  any  defects  or  imperfec- 
tions becoming  apparent  after  the  inspection  aforesaid, 
and  tending  to  render  the  navigation  of  the  vessels  un- 
safe; and  if  they  shall  discover  any  omission  to  comply 
with  the  law,  or  that  repairs  have  become  necessary  to 
make  the  vessel  safe,  the  inspectors  shall  at  once  notify 
the  master,  in  writing,  stating  in  the  notice  what  is  re- 
quired ;  and  if  the  master  deems  the  requirements  unrea- 
sonable or  unnecessary,  he  may  apply  for  a  reexamination 
of  the  case  to  the  supervising  inspector,  as  provided  in 
the  preceding  section.    All  inspections  and  orders  for  re- 
pairs shall  be  promptly  made  by  the  inspectors,  and,  when 
it  can  be  safely  done  in  their  judgment,  they  shall  per- 
mit repairs  to  be  made  where  those  interested  can  most 
conveniently  do  them.    And  whenever  any  local  inspector 
or  supervising  inspector  ascertains  to  his  satisfaction  that 
any  vessel,  subject  to  the  provisions  of  this  title,  has  been 
or  is  being  navigated  or  operated  without  complying 
with  the  terms  of  the  vessel's  certificate  of  inspection 
regarding  the  number  and  class  of  licensed  officers  and 
crew,  or  without  complying  with  the  provisions  of  law 
and  her  said  certificate  as  to  the  number  or  kind  of  life- 
saving  or  fire-fighting  apparatus,  or  without  maintaining 
in  good  and  efficient  condition  her  lifeboats,  fire  pumps, 
fire  hose,  and  life-preservers,  or  that  for  any  other  reason 
said  vessel  can  not  be  operated  with  safety  to  life,  the 
said  local  or  supervising  inspector  shall  order  the  owner 
or  master  of  said  vessel  to  correct  such  unlawful  condi- 
tions, and  may  require  that  the  vessel  at  once  cease  navi- 
gating and  be  submitted  to  reinspection ;   and  in  case 
the  said  orders  of  such  inspector  shall  not  at  once  be  com- 
plied with,  the  said  inspector  shall  revoke  the  said  ves- 
sel's certificate  of  inspection  and  shall  immediately  give 
to  the  owner,  master,  or  agent  of  said  vessel  notice,  in 
writing,  of  such  revocation;  and  no  new  certificate  of 
inspection  shall  be  again  issued  to  her  until  the  provisions 
of  this  title  [R.  S.,  4399-4500]  have  been  complied  with. 
Any  vessel  subject  to  the  provisions  of  this  title  [R.  S., 
4399-4500]    operating  or  navigating  or  attempting  to 
operate  or  navigate  after  the  revocation  of  her  certificate 
of  inspection  and  before  the  issuance  of  a  new  certificate, 
shall,  upon  application  by  the  inspector  to  any  district 
court  of  the  United  States  having  jurisdiction,  and  by 


124  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

proper  order  or  action  of  said  court  in  the  premises,  be 
seized  summarily  by  way  of  libel  and  held  without  priv- 
ilege of  release  by  bail  or  bond  until  a  proper  certificate 
of  inspection  shall  have  been  issued  to  said  vessel :  Pro- 
vided, That  the  master  or  owner  of  any  vessel  whose 
certificate  shall  have  been  so  revoked  may  within  thirty 
days  after  receiving  notice  of  such  revocation  appeal 
to  the  Secretary  of  Commerce  for  a  reexamination  of 
the  case,  and  upon  such  appeal  the  said  Secretary  shall 
have  power  to  revise,  modify,  or  set  aside  such  action 
of  the  local  or  supervising  inspector  and  direct  the 
issuance  to  such  vessel  of  her  original  certificate  or  of  a 
new  certificate  of  inspection ;  and  in  case  the  said  Secre- 
tary shall  so  direct  the  issuance  of  a  certificate,  all  judicial 
process  against  said  vessel  based  on  this  section  shall 
thereupon  be  of  no  further  force  or  effect,  and  the  vessel 
shall  thereupon  be  released. 

r.  s.,  4454.  j£  aRy  master  or  owner  of  any  steamer  shall  refuse  or 
neglect  to  comply  with  the  requirements  of  the  local  in- 
spectors, made  in  pursuance  of  the  preceding  section,  and 
shall,  contrary  thereto  and  while  the  same  remains  unre- 
versed by  the  supervising  inspector,  employ  the  vessel  by 
navigating  her,  the  master  and  owner  shall  be  liable  to  a 
penalty  of  five  hundred  dollars  for  each  offense,  one-half 
for  the  use  of  the  informer ;  for  which  sum  the  vessel  itself 
shall  be  liable,  and  may  be  seized  and  proceeded  against 
by  libel  in  any  district  court  having  jurisdiction;  and  the 
master  and  owner,  and  the  vessel  itself,  shall,  in  addition 
thereto,  be  liable  for  any  damage  to  passengers  and  their 
baggage  which  shall  occur  from  any  defects  as  stated  in 
the  notice  prescribed  in  the  preceding  section. 

r.  s.,  4491.  n0  kjncj  Qf  instrument,  machine,  or  equipment,  for  the 
better  security  of  life,  provided  for  by  this  Title  [R.  S., 
4399-4500]  shall  be  used  on  any  steam- vessel  which  shall 

Feb.  i4,  1903.  not  first  be  approved  by  the  board  of  supervising  in- 
spectors, and  also  by  the  Secretary  of  Commerce. 

135.   Inspection  of  registered  foreign-built  vessels. 
Mar.  3,  1897.      The  Secretary  of  Commerce  be,  and  he  is  hereby,  au- 
Feb.  i4,  1903.  thorized  to  direct  the  inspection  of  any  foreign  vessel, 
sec.  10.  admitted  to  American  registry,  its  steam  boilers,  steam 

pipes,  and  appurtenances,  and  to  direct  the  issue  of  the 
usual  certificate  of  inspection,  whether  said  boilers,  steam 
pipes,  and  appurtenances  are  or  are  not  constructed  pur- 
suant to  the  laws  of  the  United  States,  or  whether  they 
are  or  are  not  constructed  of  iron  stamped  pursuant  to 
said  laws.  The  tests  in  the  inspection  of  such  boilers, 
steam  pipes,  and  appurtenances  shall  be  the  same  in  all 
respects  as  to  strength  and  safety  as  are  required  in  the 
inspection  of  boilers  constructed  in  the  United  States  for 
marine  purposes. 
Aug.  is,  i9i4.  The  President  of  the  United  States  is  hereby  author- 
ized, whenever  in  his  discretion  the  needs  of  foreign  com- 
merce may  require,  to  suspend  by  order,  so  far  and  for 


R.   S.,  4463. 
May  11,  1918. 


PAET   VIII. OFFICERS   OF   MERCHANT   VESSELS.  125 

such  length  of  time  as  he  may  deem  desirable,  the  provi- 
sions of  law  prescribing  that  all  the  watch  officers  of  ves- 
sels of  the  United  States  registered  for  foreign  trade  shall 
be  citizens  of  the  United  States. 

Under  like  conditions,  in  like  manner,  and  to  like  extent 
the  President  of  the  United  States  is  also  hereby  author- 
ized to  suspend  the  provisions  of  the  law  requiring  sur- 
vey, inspection,  and  measurement  by  officers  of  the  United 
States  of  foreign-built  vessels  admitted  to  American  reg- 
istry under  this  Act.  [See  Executive  order  of  Sept.  1, 
1916,  p.  34.] 

136.   Manning  of  inspected  vessels. 

Section  forty-four  hundred  and  sixty-three  of  the  Re- 
vised Statutes  of  the  United  States  be,  and  it  is  hereby, 
amended  to  read  as  follows: 

"  Sec.  4463.  No  vessel  of  the  United  States  subject  to 
the  provisions  of  this  title  or  to  the  inspection  laws  of  the 
United  States  shall  be  navigated  unless  she  shall  have  in 
her  service  and  on  board  such  complement  of  licensed 
officers  and  crew  including  certificated  lifeboat  men,  sep- 
arately stated,  as  may,  in  the  judgment  of  the  local  inspec- 
tors who  inspect  the  vessel,  be  necessary  for  her  safe  nav- 
igation. The  local  inspectors  shall  make  in  the  certificate 
of  inspection  of  the  vessel  an  entry  of  such  complement 
of  officers  and  crew  including  certificated  lifeboat  men, 
separately  stated,  which  may  be  changed  from  time  to 
time  by  indorsement  on  such  certificate  by  local  inspectors 
by  reason  of  change  of  conditions  or  employment.  Such 
entry  or  indorsement  shall  be  subject  to  a  right  of  appeal, 
under  regulations  to  be  made  by  the  Secretary  of  Com- 
merce, to  the  supervising  inspector  and  from  him  to  the 
Supervising  Inspector  General,  who  shall  have  the  power 
to  revise,  set  aside,  or  affirm  the  said  determination  of  the 
local  inspectors. 

"  If  any  such  vessel  is  deprived  of  the  services  of  any 
number  of  the  crew  including  certificated  lifeboat  men, 
separately  stated,  without  the  consent,  fault,  or  collusion 
of  the  master,  owner,  or  any  person  interested  in  the  ves- 
sel, the  vessel  may  proceed  on  her  voyage  if,  in  the  judg- 
ment of  the  master,  she.  is  sufficiently  manned  for  such 
voyage :  Provided,  That  the  master  shall  ship,  if  obtain- 
able, a  number  equal  to  the  number  of  those  whose  serv- 
ices he  has  been  deprived  of  by  desertion  or  casualty,  who 
must  be  of  the  same  grade  or  of  a  higher  rating  with 
those  whose  places  they  fill.  If  the  master  shall  fail  to 
explain  in  writing  the  cause  of  such  deficiency  in  the  crew 
including  certificated  lifeboat  men,  separately  stated,  to 
the  local  inspectors  within  twelve  hours  of  the  time  of  the 
arrival  of  the  vessel  at  her  destination,  he  shall  be  liable 
to  a  penalty  of  $50.  If  the  vessel  shall  not  be  manned  as 
provided  in  this  Act,  the  owner  shall  be  liable  to  a  penalty 
of  $100,  or  in  case  of  an  insufficient  number  of  licensed 
officers  to  a  penalty  of  $500." 


126  NAVIGATION   LAWS   OF   THE    UNITED   STATES. 

Sec-  2-  That  the  board  of  local  inspectors  shall  make  an  entry 

in  the  certificate  of  inspection  of  every  ocean  and  coast- 
wise seagoing  merchant  vessel  of  the  United  States  pro- 
pelled by  machinery,  and  every  ocean-going  vessel  carry- 
ing passengers,  the  minimum  number  of  licensed  deck 
officers  required  for  her  safe  navigation  according  to  the 
following  scale: 

That  no  such  vessel  shall  be  navigated  unless  she  shall 
have  on  board  and  in  her  service  one  duly  licensed  master. 
That  every  such  vessel  of  one  thousand  gross  tons  and 
over,  propelled  by  machinery,  shall  have  in  her  service 
and  on  board  three  licensed  mates,  who  shall  stand  in 
three  watches  while  such,  vessel  is  being  navigated,  unless 
such  vessel  is  engaged  in  a  run  of  less  than  four  hundred 
miles  from  the  port  of  departure  to  the  port  of  final  des- 
tination, then  such  vessel  shall  have  two  licensed  mates ; 
and  every  vessel  of  two  hundred  gross  tons  and  less  one 
thousand  gross  tons,  propelled  by  machinery,  shall  have 
two  licensed  mates. 

That  every  such  vessel  of  one  hundred  gross  tons  and 
under  two  hundred  gross  tons,  propelled  by  machinery, 
shall  have  on  board  and  in  her  service  one  licensed  mate, 
but  if  such  vessel  is  engaged  in  a  trade  in  which  the  time 
required  to  make  the  passage  from  the  port  of  departure 
to  the  port  of  destination  exceeds  twenty-four  hours,  then 
such  vessel  shall  have  two  licensed  mates. 

That  nothing  in  this  section  shall  be  so  construed  as  to 
prevent  local  inspectors  from  increasing  the  number  of 
licensed  officers  on  any  vessel  subject  to  the  inspection 
laws  of  the  United  States,  if,  in  their  judgment,  such 
vessel  is  not  sufficiently  manned  for  her  safe  navigation : 
Provided,  That  this  section  shall  not  apply  to  fishing  or 
whaling  vessels,  yachts,  or  motor  boats  as  defined  in  the 
Act  of  June  ninth,  nineteen  hundred  and  ten,  or  to  wreck- 
ing vessels. 

Sec-  3-  That  it  shall  be  unlawful  for  the  master,  owner,  agent, 

or  other  person  having  authority  to  permit  an  officer  of 
any  vessel  to  take  charge  of  the  deck  watch  of  the  vessel 
upon  leaving  or  immediately  after  leaving  port,  unless 
such  officer  shall  have  had  at  least  six  hours  off  duty 
within  the  twelve  hours  immediately  preceding  the  time 
of  sailing,  and  no  licensed  officer  on  any  ocean  or  coast- 
wise vessel  shall  be  required  to  do  duty  to  exceed  nine 
hours  of  any  twenty-four  while  in  port,  including  the 
date  of  arrival,  or  more  than  twelve  hours  of  any  twenty- 
four  at  sea,  except  in  a  case  of  emergency  when  life  or 
property  is  endangered.  Any  violation  of  this  section 
shall  subject  the  person  or  persons  guiltv  thereof  to  a 
penalty  of  $100. 

See"  4*  That  all  laws  or  parts  of  laws  in  conflict  with  this  Act 

are  hereby  repealed. 

137.    Inspection  of  hulls  and  equipment. 
[See  Seaworthiness,  par.  121,  p.  104.] 


PAKT  VIII. — OFFICERS   OF    MERCHANT   VESSELS.  127 

138.   Inspection  of  boilers. 

The  local  inspectors  shall  also  inspect  the  boilers  and  ^ars ^""os. 
their  appurtenances  in  all  steam  vessels  before  the  same 
shall  be  used,  and  once  at  least  in  every  year  thereafter, 
and  shall  subject  all  boilers  to  the  hydrostatic  pressure. 
All  such  vessels  shall  comply  with  the  following  require- 
ments, namely :  That  the  boilers  are  well  made,  of  good 
and  suitable  material ;  that  the  openings  for  the  passage 
of  water  and  steam,  respectively,  and  all  pipes  and  tubes 
exposed  to  heat,  are  of  proper  dimensions  and  free  from 
obstructions ;  that  the  spaces  between  and  around  the  flues 
are  sufficient;  that  flues,  boilers,  furnaces,  safety  valves, 
fusible  plugs,  low-water  indicators,  feed-water  apparatus, 
gauge  cocks,  steam  gauges,  water  and  steam  pipes  con- 
necting boilers,  means  of  prevention  of  sparks  and  flames 
from  fire  doors,  low-water  gauges,  means  of  removing 
mud  and  sediment  from  boilers,  and  all  other  such  ma- 
chinery and  appurtenances  thereof,  are  of  such  construc- 
tion, shape,  condition,  arrangement,  and  material  that  the 
same  may  be  safely  employed  in  the  service  proposed 
without  peril  to  life ;  and  the  local  inspectors  shall  satisfy 
themselves  by  thorough  examination  that  said  require- 
ments of  law  and  regulations  in  regard  thereto  have  been 
fully  complied  with.  All  boilers  used  on  steam  vessels 
and  constructed  of  iron  or  steel  plates,  inspected  under 
the  provisions  of  section  forty-four  hundred  and  thirty, 
shall  be  subjected  to  a  hydrostatic  test,  in  the  ratio  of  one 
hundred  and  fifty  pounds  to  the  square  inch  to  one  hun- 
dred pounds  to  the  square  inch  of  the  working  steam 
power  allowed.  No  boiler  or  flue  pipe,  nor  any  of  the 
connections  therewith,  shall  be  approved,  which  is  made, 
in  whole  or  in  part,  of  bad  material,  or  is  unsafe  in  its 
form,  or  dangerous  from  defective  workmanship,  age, 
use,  or  other  cause. 

In  applying  the  directions  of  the  preceding  section  K-  s-  442°- 
[4418]  to  steamboats  used  exclusively  for  towing  and  car- 
rying freight  on  the  Mississippi  River  and  its  tributaries, 
the  local  inspectors  shall  substitute,  for  such  boats,  one 
hundred  and  fifty  pounds  of  steam  pressure  in  place  of 
one  hundred  and  ten  pounds  for  the  standard  pressure 
upon  standard  boilers  of  forty-two  inches  diameter,  and 
of  plates  of  one-quarter  of  an  inch  in  thickness ;  and  such 
boats  may,  on  the  written  permit  of  the  supervising  in- 
spector of  the  district  in  which  such  boats  shall  carry  on 
their  business,  be  permitted  to  carry  steam  above  the 
standard  pressure  of  one  hundred  and  ten  pounds,  but  not 
exceeding  the  standard  pressure  of  one  hundred  and  fifty 
pounds,  to  the  square  inch. 

One  of  the  safety-valves  may,  if  in  the  opinion  of  the    R-  s-  4419- 
local  inspectors  it  is  necessary  to  do  so,  and  the  steam- 
registers  shall,  be  taken  wholly  from  the  control  of  all 
persons  engaged  in  navigating  such  vessels  and  secured 
by  the  inspectors. 


128  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

r.  s.,  4428.  Every  boiler  manufactured  to  be  used  on  steam-vessels, 
and  made  of  iron  or  steel  plates  shall  be  constructed  of 
plates  that  have  been  stamped  in  accordance  with  the 
provisions  of  this  Title  [R.  S.,  4399-4500]. 
r.  s.,  4429.  Every  person  who  constructs  a  boiler,  or  steam-pipe 
connecting  the  boilers,  to  be  used  on  steam-vessels,  of  iron 
or  steel  plates  which  have  not  been  duly  stamped  and  in- 
spected according  to  the  provisions  of  this  Title  [R.  S., 
4399-4500],  or  who  knowingly  uses  any  defective,  bad,  or 
faulty  iron  or  steel  in  the  construction  of  such  boilers;  or 
who  drifts  any  rivet-hole  to  make  it  come  fair;  or  who 
delivers  any  such  boiler  for  use,  knowing  it  to  be  imper- 
fect in  its  flues,  flanging,  riveting,  bracing,  or  in  any  other 
of  its  parts,  shall  be  fined  one  thousand  dollars,  one-half 
for  the  use  of  the  informer.  Nothing  in  this  Title  shall 
be  so  construed  as  to  prevent  from  being  used,  on  any 
steamer,  any  boiler  or  steam-generator  which  may  not  be 
constructed  of  riveted  iron  or  steel  plates,  when  the  board 
of  supervising  inspectors  have  satisfactory  evidence  that 
such  boiler  or  steam-generator  is  equal  in  strength,  and  as 
safe  from  explosion,  as  a  boiler  of  the  best  quality  con- 
Aug.  7,  1882  gtructed  of  riveted  iron  or  steel  plates:  Provided,  how- 
ale.  io.'  1  '  ever,  That  the  Secretary  of  Commerce  may  grant  permis- 
sion to  use  any  boiler  or  steam-generator  not  constructed 
of  riveted  iron  or  steel  plates  upon  the  certificate  of  the 
supervising  inspector  of  steamboats  for  the  district 
wherein  such  boiler  or  generator  is  to  be  used,  and  other 
satisfactory  proof  that  the  use  of  the  same  is  safe  and 
efficient;  said  permit  to  be  valid  until  the  next  regular 
meeting  of  the  supervising  inspectors  who  shall  act 
thereon. 
r.  s.,  4430.  Every  iron  or  steel  plate  used  in  the  construction  of 
steamboat-boilers,  and  which  shall  be  subject  to  a  tensile 
strain,  shall  be  inspected  in  such  manner  as  shall  be  pre- 
Feb.  14,  1903.  scribed  by  the  board  of  supervising  inspectors  and  ap- 
sec.  io.  proved  by  the  Secretary  of  Commerce,  so  as  to  enable 

the  inspectors  to  ascertain  its  tensile  strength,  homoge- 
neousness,  toughness,  and  ability  to  withstand  the  eifect 
of  repeated  heating  and  cooling;  and  no  iron  or  steel 
plate  shall  be  used  in  the  construction  of  such  boilers 
which  has  not  been  inspected  and  approved  under  those 
rules. 
Feb  5'  1903'  ^n^  tne  Supervising  Inspector-General  may,  under  the 
sec'  io.'  "  '  direction  of  the  Secretary  of  Commerce,  detail  assistant 
inspectors  from  any  local  inspection  district  where  assist- 
ant inspectors  are  employed,  to  inspect  iron  or  steel  boiler 
plates  at  the  mills  where  the  same  are  manufactured; 
and  if  the  plates  are  found  in  accordance  with  the  rules 
of  the  supervising  inspectors,  the  assistant  inspector  shall 
stamp  the  same  with  the  initials  of  his  name,  followed 
by  the  letters  and  words  "  U.  S.  Assistant  Inspector ;  " 
and  material  so  stamped  shall  be  accepted  by  the  local 
inspectors  in  the  districts  where  such  material  is  to  be 


PAKT  VIII. OFFICERS   OF   MERCHANT   VESSELS.  129 

manufactured  into  marine  boilers  as  being  in  full  com- 
pliance with  the  requirements  of  this  section  regarding 
the  inspection  of  boiler  plates ;  it  being  further  provided 
that  any  person  who  affixes  any  false,  forged,  fraudulent, 
spurious,  or  counterfeit  of  the  stamp  herein  authorized 
to  be  put  on  by  an  assistant  inspector,  shall  be  deemed 
guilty  of  a  felony,  and  shall  be  fined  not  less  than  one 
thousand  dollars,  nor  more  than  five  thousand  dollars, 
and  imprisoned  not  less  than  two  years  nor  more  than 
five  years. 

Every  plate  of  boiler-iron  or  steel,  made  for  use  in  the  R-  s-»  4431- 
construction  of  steamboat-boilers,  shall  be  distinctly  and 
permanently  stamped  by  the  manufacturer  thereof,  and, 
if  practicable,  in  such  places  that  the  marks  shall  be  left 
visible  when  such  plates  are  worked  into  boilers,  with  the 
name  of  the  manufacturer,  the  place  where  manufactured, 
and  the  number  of  pounds  tensile  strain  it  will  bear  to  the 
sectional  square  inch;  and  the  inspectors  shall  keep  a 
record  in  their  office  of  the  stamps  upon  all  boiler-plates 
and  boilers  which  they  inspect. 

Every  person  who  counterfeits,  or  causes  to  be  counter-  R-  s.,  4432. 
feited,  any  of  the  marks  or  stamps  prescribed  for  boiler 
iron  or  steel  plates,  or  who  designedly  stamps,  or  causes  to 
be  stamped  falsely,  any  such  plates;  and  every  person 
who  stamps  or  marks,  or  causes  to  be  stamped  or  marked, 
any  such  iron  or  steel  plates  with  the  name  or  trade-mark 
of  another,  with  the  intent  to  mislead  or  deceive,  shall  be 
fined  two  thousand  dollars,  one-half  to  the  use  of  the  in- 
former, and  may,  in  addition  thereto,  at  the  discretion  of 
the  court,  be  imprisoned  not  exceeding  two  years. 

The  working  steam-pressure  allowable  on  boilers  con-  r.  s.,  4433. 
structed  of  plates  inspected  as  required  by  this  Title  [R. 
S.,  4399-4500],  when  single-riveted,  shall  not  produce  a 
strain  to  exceed  one-sixth  of  the  tensile  strength  of  the 
iron  or  steel  plates  of  which  such  boilers  are  constructed ; 
but  where  the  longitudinal  laps  of  the  cylindrical  parts 
of  such  boilers  are  double-riveted,  and  the  rivet-holes  for 
such  boilers  have  been  fairly  drilled  instead  of  punched, 
an  addition  of  twenty  per  centum  to  the  working  pres- 
sure provided  for  single-riveting  may  be  allowed:  Pro- 
vided, That  all  other  parts  of  such  boilers  shall  corre- 
spond in  strength  to  the  additional  allowances  so  made; 
and  no  split-calking  shall  in  any  case  be  permitted. 

No  externally  fired  boiler  having  its  shell  constructed 
of  iron  or  steel  plates,  exceeding  an  average  thickness  of 
thirty-eight  one-hundredths  of  an  inch,  shall  be  employed 
on  any  steam  vessel  navigating  the  Red  River  of  "the 
North  or  rivers  flowing  into  the  Gulf  of  Mexico  or  their 
tributaries;  and  no  externally  fired  boiler  employed  on 
any  such  steam  vessel  shall  have  less  than  three  inches 
space  between  its  shell  and  any  of  its  internal  flues,  and 
not  less  than  three  inches  space  between  such  flues  when 
any  such  flues  are  more  than  five  inches  in  diameter,  the 
143562°— 19 9 


,  4434. 

2,   190 


130  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

measurements  to  be  taken  from  the  center  of  the  length 
of  the  tapered  section  of  said  flues ;  and  every  such  exter- 
nally fired  boiler  employed  on  any  such  steam  vessel  shall 
be  provided  with  a  manhole  in  the  lower  part  of  the  front 
head  thereof,  of  such  dimensions  as  may  be  prescribed  by 
the  Board  of  Supervising  Inspectors,  in  all  cases  where 
the  distance  between  its  internal  flues  is  less  than  three 
inches.  Externally  fired  boilers  having  shells  constructed 
of  iron  or  steel  plates  not  exceeding  an  average  thickness 
of  fifty  one-hundredths  of  an  inch  may,  in  the  discretion 
of  the  Supervising  Inspector-General,  be  authorized  and 
employed  on  steam  vessels  navigating  the  Atlantic -and 
Pacific  oceans,  or  salt-water  bays,  or  sounds,  or  the  Great 
Lakes,  or  any  of  them,  and  waters  flowing  to  and  from 
the  same,  or  any  of  them :  Provided,  That  on  inspection, 
no  plate  that  is  by  this  Act  limited  to  a  thickness  of 
thirty-eight  one-hundredths  of  an  inch  and  no  plate  that 
is  by  this  Act  limited  to  a  thickness  of  fifty  one-hun- 
dredths of  an  inch  shall  be  rejected  for  use  if  found  to 
exceed  those  dimensions,  respectively,  if  the  approved 
average  thickness  thereof  does  not  exceed  the  limits 
therein  specified,  and  the  amount  of  steam  pressure  that 
will  be  permitted  to  be  carried  in  boilers  constructed  in 
accordance  with  the  requirements  of  this  Act  shall  be 
determined  from  measurements  showing  the  least  thick- 
ness of  the  plates. 
Sec-  2-  All  externally  fired  boilers,  constructed  of  iron  or  steel, 

prior  to  the  passage  of  this  Act,  and  now  in  use  on  any 
such  vessels,  wherein  the  space  between  the  shelf  and  any 
of  its  internal  flues  or  between  such  flues  is  less  than 
three  inches,  they  shall  be  deemed  lawfully  constructed. 

139.  Loading  safety  valve. 

r.  s.,  4437.  Every  person  who  intentionally  loads  or  obstructs,  or 
causes  to  be  loaded  or  obstructed,  in  any  way  or  manner, 
the  safety-valve  of  a  boiler,  or  who  employs  any  other 
means  or  device  whereby  the  boiler  may  be  subjected  to  a 
greater  pressure  than  the  amount  allowed  by  the  certifi- 
cate of  the  inspectors,  or  who  intentionally  deranges  or 
hinders  the  operation  of  any  machinery  or  device  em- 
ployed to  denote  the  state  of  the  water  or  stream  in  any 
boiler,  or  to  give  warning  of  approaching  danger,  or  who 
intentionally  permits  the  water  to  fall  below  the  pre- 
scribed low-water  line  of  the  boiler,  and  every  person  con- 
cerned therein,  directly  or  indirectly,  shall  be  guilty  of  a 
misdemeanor,  and  shall  be  fined  two  hundred  dollars, 
and  may  also  be  imprisoned  not  exceeding  five  years. 

140.  Water-tight  bulkheads. 

r.  s.,  4490.  Every  sea-going  steamer,  and  every  steamer  navigating 
the  great  northern  or  northwestern  lakes,  carrying  pas- 
sengers, the  building  of  which  shall  be  completed  after 
the  tAventy-eighth  day  of  August,  eighteen  hundred  and 
seventy-one,  shall  have  not  less  than  three  water-tight 


PART  VIII. OFFICERS   OF    MERCHANT   VESSELS.  131 

cross-bulk-heads,  such  bulk-heads  to  reach  to  the  main- 
deck  in  singlfe-decked  vessels,  otherwise  to  the  deck  next 
below  the  main-deck ;  to  be  made  of  iron  plates,  sustained 
upon  suitable  frame-work;  and  to  be  properly  secured  to 
the  hull  of  the  vessel.  The  position  of  such  bulk-heads 
and  the  strength  of  material  of  which  the  same  shall  be 
constructed  shall  be  determined  by  the  general  rules  of 
the  board  of  supervising  inspectors. 

Steam-vessels  of  one  hundred  tons  burden  or  under,  en-  ^cly39*  1886- 
gaged  in  the  coastwise  bays  and  harbors  of  the  United 
States,  may  be  licensed  by  the  United  States  local  inspect- 
ors of  steam-vessels  to  carry  passengers  or  excursions  on 
the  ocean  or  upon  the  Great  Lakes  of  the  North  or  North- 
west, not  exceeding  fifteen  miles  from  the  mouth  of  such 
bays  or  harbors,  without  being  required  to  have  the  three 
water-tight  cross-bulkheads  provided  by  section  forty- 
four  hundred  and  ninety  of  the  Revised  Statutes  for 
other  passenger  steamers:  Provided,  That  in  the  judg- 
ment of  the  local  inspector  such  steamers  shall  be  safe  and 
suitable  for  such  navigation  without  danger  to  human 
life,  and  that  they  shall  have  one  water-tight  collision 
bulkhead  not  less  than  five  feet  abaft  the  stem  of  said 
steamer. 

141.   Lifeboats,  lines,  and  life  preservers. 

Every  steam-vessel  navigating  rivers  only,  except  ferry-  R-  s->  4481- 
boats,  freight-boats,  canal-boats,  and  towing-boats,  of  less 
than  fifty  tons,  shall  have  at  least  one  good  substan- 
tial boat  with  lines  attached,  and  properly  supplied 
with  oars,  and  kept  in  good  condition  at  all  times,  and 
ready  for  immediate  use;  and  in  addition  thereto,  every 
such  vessel  carrying  passengers  shall  have  one  or  more 
metallic  lifeboats,  fireproof,  and  in  all  respects  good  and 
substantial  boats,  of  such  dimensions  and  arrangements 
as  the  board  of  supervising  inspectors  by  their  regulations 
shall  prescribe,  which  boats  shall  be  carried  in  the  most 
convenient  manner  to  be  brought  into  immediate  use  in 
case  of  accident.  But  where  the  character  of  the  naviga- 
tion is  such  that,  in  the  opinion  of  the  supervising  in- 
spector, the  metallic  lifeboats  can  be  dispensed  with,  he 
may  exempt  any  such  vessel  from  carrying  the  same;  or 
may  require  a  substitute  therefor,  at  his  discretion. 

Every  such  steam-vessel  carrying  passengers  shall  also  R-  s.,  4482. 
be  provided  with  a  good  life-preserver,  made  of  suitable 
material,  for  every  cabin  passenger  for  which  she  will 
have  accommodation,  and  also  a  good  life-preserver  or 
float  for  each  deck  or  other  class  passenger  which  the 
inspector's  certificate  shall  allow  her  to  carry,  including 
the  officers  and  crew ;  which  life-preservers  or  floats  shall 
be  kept  in  convenient  and  accessible  places  on  such  vessel 
in  readiness  for  immediate  use  in  case  of  accident. 

Every  steamer  navigating  the  ocean,  or  any  lake,  bay,    R.  s.,  4488. 
or  sound  of  the  United  States,  shall  be  provided  with    £r33'  19°5' 


132  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

such  numbers  of  lifeboats,  floats,  rafts,  life-preservers, 
line-carrying  projectiles,  and  the  means  of  propelling 
them,  and  drags,  as  will  best  secure  the  safety  of  all  per- 
sons on  board  such  vessel  in  case  of  disaster;  and  every 
seagoing  vessel  carrying  passengers,  and  every  such  ves- 
sel navigating  any  of  the  northern  or  northwestern  lakes, 
shall  have  the  lifeboats  required  by  law,  provided  with 
suitable  boat-disengaging  apparatus,  so  arranged  as  to 
allow  such  boats  to  be  safely  launched  while  such  vessels 
are  under  speed  or  otherwise,  and  so  as  to  allow  such 
disengaging  apparatus  to  be  operated  by  one  person,  dis- 
engaging both  ends  of  the  boat  simultaneously  from  the 
tackles  by  which  it  may  be  lowered  to  the  water.  And 
the  board  of  supervising  inspectors  shall  fix  and  deter- 
mine, by  their  rules  and  regulations,  the  character  of  life- 
boats, floats,  rafts,  life-preservers,  line-carrying  projec- 
tiles, and  the  means  of  propelling  them,  and  drags  that 
shall  be  used  on  such  vessels,  and  also  the  character  and 
capacity  of  pumps  or  other  appliances  for  freeing  the 
steamer  from  water  in  case  of  heavy  leakage,  the  capacity 
of  such  pumps  or  appliances  being  suited  to  the  naviga- 
tion in  which  the  steamer  is  emploved.  Every  vessel 
subject  to  the  provisions  of  this  title  [E.  S.,  4399-4500] 
shall,  while  in  operation,  carry  one  life-preserver  for  each 
and  every  person  allowed  to  be  carried  on  said  vessel  by 
the  certificate  of  inspection,  including  each  member  of 
the  crew :  Provided,  however,  That  upon  such  vessels  and 
under  such  conditions  as  are  specified  in  section  forty- 
four  hundred  and  eighty-two  floats  may  be  substituted 
for  life-preservers.  Any  person  who  willfully  and  know- 
ingly manufactures  or  sells,  or  offers  for  sale,  or  has  in 
his  possession  with  intent  to  sell,  life-preservers  contain- 
ing metal  or  other  nonbuoyant  material,  for  the  purpose 
of  increasing  the  weight  thereof,  or  more  metal  or  other 
such  material  than  is  reasonably  necessary  for  the  con- 
struction thereof,  or  who  shall  so  manufacture,  sell,  offer 
for  sale,  or  possess  with  intent  to  sell  any  other  articles 
commonly  used  for  preservation  of  life  or  the  prevention 
of  fire  on  board  vessels  subject  to  the  provisions  of  this 
title,  which  articles  shall  be  so  defective  as  to  be  inefficient 
to  accomplish  the  purposes  for  which  they  are  respec- 
tively intended  and  designed,  shall  upon  conviction,  be 
fined  not  more  than  two  thousand  dollars,  and  may,  in 
addition  thereto,  in  the  discretion  of  the  court,  be  impris- 
oned not  exceeding  five  3'ears. 
Mar.  4,  1915.  The  powers  bestowed  by  this  section  upon  the  Board  of 
(Effective  o  n  Supervising  Inspectors  in  respect  of  lifeboats,  floats, 
sAe"serkabeginnVing  rafts,  life  preservers,  and  other  life-saving  appliances  and 
?nV'for4ei-n19ves;  equipment,  and  the  further  requirements  herein  as  to 
seis  °Magr.  vef,  davits,  embarkation  of  passengers  in  lifeboats  and  rafts, 
notations"  d  o  f  and  the  manning  of  lifeboats  and  rafts,  and  the  musters 
eVai°sney  o  infonn  aIU*  drills  of  the  crews,  on  steamers  navigating  the  ocean, 
"f  s  a  u  ffPins°t?  or  any  lake,  bay,  or  sound  of  the  United  States,  on  and 
19150  after  July  first,  nineteen  hundred  and  fifteen,  shall  be 


PART  VIII. OFFICERS   OF    MERCHANT   VESSELS. 


133 


subject  to  the  provisions,  limitations,  and  minimum  re- 
quirements of  the  regulations  herein  set  forth,  and  all 
such  vessels  shall  thereafter  be  required  to  comply  in  all 
respects  therewith:  Provided,  That  foreign  vessels  leav- 
ing ports  of  the  United  States  shall  comply  with  the  rules 
herein  prescribed  as  to  life-saving  appliances,  their  equip- 
ment, and  the  manning  of  same. 

REGULATIONS. 

Life-Saving  Appliances, 
standard  types  of  boats. 


The  standard  types  of  boats  classified  as  follows : 


Class. 


(Entirely  rigid  sides). 


II 

(Partially  collapsible  sides) . 


Section.  Type. 

A.  Open.     Internal  buoy- 

ancy only. 

B.  Open.  Internal  and  ex- 

ternal buoyancy. 

C.  Pontoon.      Well    deck; 

fixed  water-tight  bul- 
warks. 
'A.  Open.     Upper  part  of 
sides  collapsible. 

.  Pontoon.  Well  deck; 
collapsible  water- 
tight bulwarks. 

.  Pontoon.  Flush  deck; 
collapsible  water- 
tight bulwarks. 


STRENGTH  OF  BOATS. 


Each  boat  must  be  of  sufficient  strength  to  enable  it  to 
be  safely  lowered  into  the  water  when  loaded  with  its  full 
complement  of  persons  and  equipment. 


ALTERNATIVE  TYPES  OF  BOATS  AND  RAFTS. 

Any  type  of  boat  may  be  accepted  as  equivalent  to  a 
boat  of  one  of  the  prescribed  classes  and  any  type  of  raft 
as  equivalent  to  an  approved  pontoon  raft,  if  the  Board 
of  Supervising  Inspectors,  with  the  approval  of  the  Sec- 
retary of  Commerce,  is  satisfied  by  suitable  trials  that  it 
is  as  effective  as  the  standard  types  of  the  class  in  ques- 
tion, or  as  the  approved  type  of  pontoon  raft,  as  the  case 
may  be. 

Motor  boats  may  be  accepted  if  they  comply  with  the 
requirements  laid  down  for  boats  of  the  first  class,  but 
only  to  a  limited  number,  which  number  shall  be  deter- 
mined by  the  Board  of  Supervising  Inspectors,  with  the 
approval  of  the  Secretary  of  Commerce. 


134  NAVIGATION   LAWS   OF   THE   UNITED  STATES. 

No  boat  may  be  approved  the  buoyancy  of  which  de- 
pends upon  the  previous  adjustment  of  one  of  the  prin- 
cipal parts  of  the  hull  or  which  has  not  a  cubic  capacity 
of  at  least  one  hundred  and  twenty-five  cubic  feet. 

BOATS  OF  THE  FIRST  CLASS. 

The  standard  types  of  boats  of  the.  first  class  must  sat- 
isfy the  following  conditions: 

1A. — Open  boats  with  internal  buoyancy  only. 

The  buoyancy  of  a  wooden  boat  of  this  type  shall  be 
provided  by  water-tight  air  cases,  the  total  volume  of 
which  shall  be  at  least  equal  to  one-tenth  of  the  cubic 
capacity  of  the  boat. 

The  buoyancy  of  a  metal  boat  of  this  type  shall  not  be 
less  than  that  required  above  for  a  wooden  boat  of  the 
same  cubic  capacity,  the  volume  of  water-tight  air  cases 
being  increased  accordingly. 

IB. — Open  boats  with  internal  and  external 

BUOYANCY. 

The  internal  buoyancy  of  a  wooden  boat  of  this  type 
shall  be  provided  by  water-tight  air  cases,  the  total  vol- 
ume of  which  is  at  least  equal  to  seven  and  one-half  per 
centum  of  the  cubic  capacity  of  the  boat. 

The  external  buoyancy  may  be  of  cork  or  of  any  other 
equally  efficient  material,  but  such  buoyancy  shall  not  be 
secured  by  the  use  of  rushes,  cork  shavings,  loose  granu- 
lated cork,  or  any  other  loose  granulated  substance,  or 
by  any  means  dependent  upon  inflation  by  air. 

If  the  buoyancy  is  of  cork,  its  volume,  for  a  wooden 
boat,  shall  not  be  less  than  thirty-three  thousandths  of 
the  cubic  capacity  of  the  boat;  if  of  any  material  other 
than  cork,  its  volume  and  distribution  shall  be  such  that 
the  buoyancy  and  stability  of  the  boat  are  not  less  than 
that  of  a  similar  boat  provided  with  buoyancy  of  cork. 

The  buoyancy  of  a  metal  boat  shall  be  not  less  than 
that  required  above  for  a  wooden  boat  of  the  same  cubic 
capacity,  the  volume  of  the  air  cases  and  external  buoy- 
ancy being  increased  accordingly. 

1C. — Pontoon  boats  in  which  persons  can  not  be  ac- 
commodated BELOW  THE  DECK,  HAVING  A  WELL  DECK  AND 
FIXED  WATER-TIGHT  BULWARKS. 

The  area  of  the  well  deck  of  a  boat  of  this  type  shall 
be  at  least  thirty  per  centum  of  the  total  deck  area.  The 
height  of  the  well  deck  above  the  water  line  at  all  points 
shall  be  at  least  equal  to  one-half  per  centum  of  the  length 
of  the  boat,  this  height  being  increased  to  one  and  one- 
half  per  centum  of  the  length  of  the  boat  at  the  ends  of 
the  well. 


PART  VIII.- — OFFICERS   OF    MERCHANT   VESSELS. 


135 


The  freeboard  of  a  boat  of  this  type  shall  be  such  as 
to  provide  for  a  reserve  buoyancy  of  at  least  thirty-five 
per  centum. 

BOATS  OF  THE  SECOND  CLASS. 

The  standard  types  of  boats  of  the  second  class  must 
satisfy  the  following  conditions: 

2A. — Open  boats  having  the  upper  part  of  the  sides 

COLLAPSIBLE. 

A  boat  of  this  type  shall  be  fitted  both  with  water-tight 
air  cases  and  with  external  buoyancy,  the  volume  of 
which,  for  each  person  which  the  boat  is  able  to  accom- 
modate, shall  be  at  least  equal  to  the  following  amounts : 
Air  cases,  one  and  five-tenths  cubic  feet;  external  buoy- 
ancy (if  of  cork),  twTo-tenths  cubic  foot. 

The  minimum  freeboard  of  boats  of  this  type  is  fixed  in 
relation  to  their  length;  it  is  measured  vertically  to  the 
top  of  the  solid  hull  at  the  side  amidships,  from  the  water 
level  when  the  boat  is  loaded. 

The  freeboard  in  fresh  water  shall  not  be  less  than  the 
following  amounts: 


Length  of 
the  boat. 

Minimum 
freeboard. 

Feet. 

26 
28 
30 

Inches. 

8 

9 

10 

The  freeboard  of  boats  of  intermediate  lengths  is  to 
be  found  by  interpolation. 

2B. — Pontoon  boats  having  a  well  deck  and  collapsi- 
ble  BULWARKS. 

All  the  conditions  laid  down  for  boats  of  type  1C  are  to 
be  applied  to  boats  of  this  type,  which  differ  from  those 
of  type  1C  only  in  regard  to  the  bulwarks. 

2C. — Pontoon  boats,  in  which  the  persons  can  not  be 
accommodated  below  deck,  having  a  flush  deck  and 
collapsible  bulwarks. 

The  minimum  freeboard  of  boats  of  this  type  is  inde- 
pendent of  their  lengths  and  depends  only  upon  their 
depth.  The  depth  of  the  boat  is  to  be  measured  vertically 
from  the  underside  of  the  garboard  strake  to  the  top  of 
the  deck  on  the  side  amidships,  and  the  freeboard  is  to 
be  measured  from  the  top  of  the  deck  at  the  side  amid- 
ships to  the  water  level  when  the  boat  is  loaded. 


136 


NAVIGATION    LAWS   OF   THE   UNITED  STATES. 

The  freeboard  in  fresh  water  shall  not  be  less  than  the 
following  amounts,  which  are  applicable  without  correc- 
tion to  boats  having  a  mean  sheer  equal  to  three  per 
centum  of  their  length : 


Depth  of 

Minimum 

boat. 

freeboard. 

Inches. 

Inches. 

12 

2f 

18 

3J 

20 

5* 

30 

6* 

For  intermediate  depths  the  freeboard  is  obtained  by 
interpolation. 

If  the  sheer  is  less  than  the  standard  sheer  denned 
above,  the  minimum  freeboard  is  obtained  by  adding  to 
the  figures  in  the  table  one-seventh  of  the  difference  be- 
tween the  standard  sheer  and  the  actual  mean  sheer  meas- 
ured at  the  stem  and  sternpost.  No  deduction  is  to  be 
made  from  the  freeboard  on  account  of  the  sheer  being 
greater  than  the  standard  sheer  or  on  account  of  the 
camber  of  the  deck. 

MOTOR  BOATS. 

When  motor  boats  are  accepted,  the  volume  of  internal 
buoyancy  and,  when  fitted,  the  external  buoyancy,  must 
be  fixed,  having  regard  to  the  difference  between  the 
weight  of  the  motor  and  its  accessories  and  the  weight  of 
the  additional  persons  which  the  boat  could  accommodate 
if  the  motor  and  its  accessories  were  removed. 


ARRANGEMENTS    FOR    CLEARING    PONTOON    LIFEBOATS    OF 
WATER. 

All  pontoon  lifeboats  shall  be  fitted  with  efficient  means 
for  quickly  clearing  the  deck  of  water.  The  orifices  for 
this  purpose  shall  be  such  that  the  water  can  not  enter 
the  boats  through  them  when  they  are  intermittingly  sub- 
merged. The  number  and  size  of  the  orifices  shall  be 
determined  for  each  type  of  boat  by  a  special  test. 

For  the  purpose  of  this  test  the  pontoon  boat  shall  be 
loaded  with  a  weight  of  iron  or  bags  of  sand,  equal  to 
that  of  its  complement  of  persons  and  equipment. 

In  the  case  of  a  boat  twenty-eight  feet  in  length  two 
tons  of  water  shall  be  cleared  from  the  boat  in  a  time  not 
exceeding  the  following:  Type  1C,  sixty  seconds;  type 
2B,  sixty  seconds ;  type  2C,  twenty  seconds. 

In  the  case  of  a  boat  having  a  length  greater  or  less 
than  twenty-eight  feet  the  weight  of  water  to  be  cleared 
in  the  same  time  shall  be,  for  each  type,  directly  propor- 
tional to  the  length  of  the  boat. 


PART  VIII. — OFFICERS   OF   MERCHANT   VESSELS.  137 

CONSTRUCTION  OF  BOATS. 

Open  lifeboats  of  the  first  class  (types  1A  and  IB) 
must  have  a  mean  sheer  at  least  equal  to  four  per  centum 
of  their  length. 

The  air  cases  of  open  boats  of  the  first  class  shall  be 
placed  along  the  sides  of  the  boat ;  they  may  also  be  placed 
at  the  ends  of  the  boat,  but  not  in  the  bottom  of  the  boat. 

Pontoon  lifeboats  may  be  built  of  wood  or  metal.  If 
constructed  of  wood,  they  shall  have  the  bottom  and  deck 
made  of  two  thicknesses  with  textile  material  between; 
if  of  metal,  they  shall  be  divided  into  water-tight  com- 
partments with  means  of  access  to  each  compartment. 

All  boats  shall  be  fitted  for  use  of  a  steering  oar. 

PONTOON  RAFTS. 

No  type  of  pontoon  raft  may  be  approved  unless  it 
satisfies  the  following  conditions: 

First.  It  should  be  reversible  and  fitted  with  bulwarks 
of  wood,  canvas,  or  other  suitable  material  on  both  sides. 
These  bulwarks  may  be  collapsible. 

Second.  It  should  be  of  such  size,  strength,  and  weight 
that  it  can  be  handled  without  mechanical  appliances, 
and,  if  necessary,  be  thrown  from  the  vessel's  deck. 

Third.  It  should  have  not  less  than  three  cubic  feet  of 
air  cases  or  equivalent  buoyancy  for  each  person  whom 
it  can  accommodate. 

Fourth.  It  should  have  a  deck  area  of  not  less  than 
four  square  feet  for  each  person  whom  it  can  accommo- 
date and  the  platform  should  not  be  less  than  six  inches 
above  the  water  level  when  the  raft  is  loaded. 

Fifth.  The  air  cases  or  equivalent  buoyancy  should  be 
placed  as  near  as  possible  to  the  sides  of  the  raft. 

CAPACITY    OF    BOATS    AND    PONTOON    RAFTS. 

First.  The  number  of  persons  which  a  boat  of  one  of 
the  standard  types  or  a  pontoon  raft  can  accommodate  is 
equal  to  the  greatest  whole  number  obtained  by  dividing 
the  capacity  in  cubic  feet,  or  the  surface  in  square  feet,  of 
the  boat  or  of  the  raft  by  the  standard  unit  of  capacity, 
or  unit  of  surface  (according  to  circumstances),  defined 
below  for  each  type. 

Second.  The  cubic  capacity  in  feet  of  a  boat  in  which 
the  number  of  persons  is  determined  by  the  surface  shall 
be  assumed  to  be  ten  times  the  number  of  persons  which 
it  is  authorized  to  carry. 

Third.  The  standard  units  of  capacity  and  surface  are 
as  follows: 

Units  of  capacity,  open  boats,  type  1A,  ten  cubic  feet; 
open  boats,  type  IB,  nine  cubic  feet. 

Unit  of  surface,  open  boats,  type  2A,  three  and  one- 
half  square  feet ;  pontoon  boats,  type  2C,  three  and  one- 


138  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

half  square  feet;  pontoon  boats,  type  1C,  three  and  one- 
fourth  square  feet;  pontoon  boats,  type  2B,  three  and 
one-fourth  square  feet. 

Fourth.  The  board  of  supervising  inspectors,  with  the 
approval  of  the  Secretary  of  Commerce,  may  accept,  in 
place  of  three  and  one-fourth,  a  smaller  divisor,  if  it  is 
satisfied  after  trial  that  the  number  of  persons  for  whom 
there  is  seating  accommodation  in  the  pontoon  boat  in 
question  is  greater  than  the  number  obtained  by  applying 
the  above  divisor,  provided  always  that  the  divisor 
adopted  in  place  of  three  and  one-fourth  may  never  be 
less  than  three. 

CAPACITY  LIMITS. 

Pontoon  boats  and  pontoon  rafts  shall  never  be  marked 
with  a  number  of  persons  greater  than  that  obtained  in 
the  manner  specified  in  this  section. 

This  number  shall  be  reduced — 

First.  When  it  is  greater  than  the  number  of  persons 
for  which  there  is  proper  seating  accommodation,  the 
latter  number  being  determined  in  such  a  way  that  the 
persons  when  seated  do  not  interfere  in  any  way  with  the 
use  of  the  oars. 

Second.  When  in  the  case  of  boats  other  than  those  of 
the  first  'two  sections  of  the  first  class,  the  freeboard, 
when  the  boat  is  fully  loaded,  is  less  than  the  freeboard 
laid  down  for  each  type  respectively.  In  such  circum- 
stances the  number  shall  be  reduced  until  the  freeboard, 
when  the  boat  is  fully  loaded,  is  at  least  equal  to  the 
standard  freeboard  laid  down  above. 

In  boats  of  types  1C  and  2B  the  raised  part  of  the  deck 
at  the  sides  may  be  regarded  as  affording  seating  accom- 
modation. 

EQUIVALENTS   FOR  AXD  WEIGHT  OF  THE  PERSONS. 

In  test  for  determining  the  number  of  persons  which  a 
boat  or  pontoon  raft  can  accommodate  each  person  shall 
be  assumed  to  be  an  adult  person  wearing  a  life  jacket. 

In  verifications  of  freeboard  the  pontoon  boats  shall 
be  loaded  with  a  weight  of  at  least  one  hundred  and 
sixty-five  pounds  for  each  adult  person  that  the  pontoon 
boat  is  authorized  to  carry. 

In  all  cases  two  children  under  twelve  years  of  age 
shall  be  reckoned  as  one  person. 

CUBIC    CAPACITY    OF    OPEN    BOATS    OF    THE    FIRST    CLASS. 

First.  The  cubic  capacity  of  an  open  boat  of  type  1A 
or  IB  shall  be  determined  by  Stirling's  (Simpson's)  rule 
or  by  any  other  method,  approved  by  the  Board  of  Super- 
vising Inspectors,  giving  the  same  degree  of  accuracy. 
The  capacity  of  a  square-sterned  boat  shall  be  calculated 
as  if  the  boat  had  a  pointed  stern. 


PART   VIII. OFFICERS   OF    MERCHANT  VESSELS.  139 

Second.  For  example,  the  capacity  in  cubic  feet  of  a 
boat,  calculated  by  the  aid  of  Stirling's  rule,  may  be  con- 
sidered as  given  by  the  following  formula  : 

Capacity  =  ^  (4A  +  2B  +  4C) , 

1  being  the  length  of  the  boat  in  meters  (or  feet)  from 
the  inside  of  the  planking  or  plating  at  the  stem  to  the 
corresponding  point  at  the  stern  post;  in  the  case  of  a 
boat  with  a  square  stern,  the  length  is  measured  to  the 
inside  of  the  transom. 

A,  B,  C  denote,  respectively,  the  areas  of  the  cross  sec- 
tions at  the  quarter  length  forward,  amidships,  and  the 
quarter  length  aft,  which  correspond  to  the  three  points 
obtained  by  dividing  linto  four  equal  parts.  (The  areas 
corresponding  to  the  two  ends  of  the  boat  are  considered 
negligible.) 

The  areas  A,  B,  C  shall  be  deemed  to  be  given  in  square 
feet  by  the  successive  application  of  the  following  for- 
mula to  each  of  the  three  cross  sections: 

Area  =  Y2(a  +  4b+2c  +  4d+e), 

h  being  the  depth  measured  in  meters  (or  in  feet)  inside 
the  planking  or  plating  from  the  keel  to  the  level  of  the 
gunwale,  or,  in  certain  cases,  to  a  lower  level,  as  deter- 
mined hereafter. 

a,  b,  c,  d,  e  denote  the  horizontal  breadths  of  the  boat 
measured  in  feet  at  the  upper  and  lower  points  of  the 
depth  and  at  the  three  points  obtained  by  dividing  h  into 
four  equal  parts  (a  and  e  being  the  breadths  at  the  ex- 
treme points,  and  c  at  the  middle  point,  of  h). 

Third.  If  the  sheer  of  the  gunwale,  measured  at  the 
two  points  situated  at  a  quarter  of  the  length  of  the  boat 
from  the  ends,  exceeds  one  per  centum  of  the  length  of 
the  boat,  the  depth  employed  in  calculating  the  area  of 
the  cross  sections  A  or  C  shall  be  deemed  to  be  the  depth 
amidships  plus  one  per  centum  of  the  length  of  the  boat. 

Fourth.  If  the  depth  of  the  boat  amidships  exceeds 
forty-five  per  centum  of  the  breadth,  the  depth  employed 
in  calculating  the  area  of  the  midship  cross  section  B 
shall  be  deemed  to  be  equal  to  forty-five  per  centum  of 
the  breadth;  and  the  depth  employed  in  calculating  the 
areas  of  the  quarter-length  sections  A  and  C  is  obtained 
by  increasing  this  last  figure  by  an  amount  equal  to  one 
per  centum  of  the  length  of  the  boat,  provided  that  in  no 
case  shall  the  depths  employed  in  the  calculation  exceed 
the  actual  depths  at  these  points. 

Fifth.  If  the  depth  of  the  boat  is  greater  than  four 
feet,  the  number  of  persons  given  by  the  application  of 
this  rule  shall  be  reduced  in  proportion  to  the  ratio  of 
four  feet  to  the  actual  depth,  until  the  boat  has  been 
satisfactorily  tested  afloat  with  that  number  of  persons 
on  board  all  wearing  life  jackets. 


140  NAVIGATION   LAWS   OF   THE   UNITED  STATES. 

Sixth.  The  Board  of  Supervising  Inspectors  shall  im- 
pose, by  suitable  formulae,  a  limit  for  the  number  of  per- 
sons allowed  in  boats  with  very  fine  ends  and  in  boats 
very  full  in  form. 

Seventh.  The  Board  of  Supervising  Inspectors  may  by 
regulation  assign  to  a  boat  a  capacity  equal  to  the  product 
of  the  length,  the  breadth,  and  the  depth  multiplied  by 
six-tenths  if  it  is  evident  that  this  formula  does  not  give 
a  greater  capacity  than  that  obtained  by  the  above 
method.  The  dimensions  shall  then  be  measured  in  the 
following  manner: 

Length.  From  the  intersection  of  the  outside  of  the 
planking  with  the  stem  to  the  corresponding  point  at  the 
sternpost  or,  in  the  case  of  a  square-sterned  boat,  to  the 
afterside  of  the  transom. 

Breadth.  From  the  outside  of  the  planking  at  the  point 
where  the  breadth  of  the  boat  is  greatest. 

Depth.  Amidships  inside  the  planking  from  the  keel 
to  the  level  of  the  gunwale,  but  the  depth  used  in  calcu- 
lating the  cubic  capacity  may  not  in  any  case  exceed 
forty-five  per  centum  of  the  breadth. 

In  all  cases  the  vessel  owner  has  the  right  to  require 
that  the  cubic  capacity  of  the  boat  shall  be  determined 
by  exact  measurement. 

Eighth.  The  cubic  capacity  of  a  motor  boat  is  obtained 
from  the  gross  capacity  by  deducting  a  volume  equal  to 
that  occupied  by  the  motor  and  its  accessories. 

DECK    AREA    OF    PONTOON    BOATS    AND    OPEN    BOATS    OF    THE 
SECOND   CLASS. 

First.  The  area  of  the  deck  of  a  pontoon  boat  of  type 
1C,  2B,  or  2C  shall  be  determined  by  the  method  indi- 
cated below  or  by  any  other  method  giving  the  same  de- 
gree of  accuracy.  The  same  rule  is  to  be  applied  in 
determining  the  area  within  the  fixed  bulwarks  of  a  boat 
of  type  2A. 

Second.  For  example,  the  surface  in  square  feet  of  a 
boat  may  be  deemed  to  be  given  by  the  following  formula : 

Area=  ^  (2a+1.5b+4c+1.5d+2e) , 

1  being  the  length  in  feet  from  the  intersection  of  the  out- 
side of  the  planking  with  the  stem  to  the  corresponding 
point  at  the  sternpost. 

a,  b,  c,  d,  e  denote  the  horizontal  breadths  in  feet  out- 
side the  planking  at  the  points  obtained  by  dividing  1 
into  four  equal  parts  and  subdividing  the  foremost  and 
aftermost  parts  into  two  equal  parts  (a  and  e  being  the 
breadths  at  the  extreme  subdivisions,  c  at  the  middle 
point  of  the  length,  and  b  and  d  at  the  intermediate 
points). 


PART   VIII. OFFICERS   OF    MERCHANT   VESSELS.  141 

MARKING   OF   BOATS   AND   PONTOON    RAFTS. 

The  dimensions  of  the  boat  and  the  number  of  persons 
which  it  is  authorized  to  carry  shall  be  marked  on  it  in 
clear,  permanent  characters,  according  to  regulations  by 
the  Board  of  Supervising  Inspectors,  approved  by  the 
Secretary  of  Commerce.  These  marks  shall  be  specifi- 
cally approved  by  the  officers  appointed  to  inspect  the 
ship. 

Pontoon  rafts  shall  be  marked  with  the  number  ot 
persons  in  the  same  manner. 

EQUIPMENT   OF   BOATS   AND   PONTOON   RAFTS. 

First.  The  normal  equipment  of  every  boat  shall  con- 
sist of — 

(a)  A  single  banked  complement  of  oars  and  two  spare 
oars;  one  set  and  a  half  of  thole  pins  or  crutches;  a  boat 
hook. 

(b)  Two  plugs  for  each  plug  hole  (plugs  are  not  re- 
quired when  proper  automatic  valves  are  fitted)  ;  a  bailer 
and  a  galvanized-iron  bucket. 

(c)  A  tiller  or  yoke  and  yoke  lines. 

(d)  Two  hatchets. 

(e)  A  lamp  filled  with  oil  and  trimmed. 

(f )  A  mast  or  masts  with  one  good  sail  at  least,  and 
proper  gear  for  each.  (This  does  not  apply  to  motor 
lifeboats  or  lifeboats  on  the  Great  Lakes  or  other  inland 
waters. ) 

(g)  A  suitable  compass. 

Pontoon  lifeboats  will  have  no  plug  hole,  but  shall  be 
provided  with  at  least  two  bilge  pumps. 

'  In  the  case  of  a  steamer  which  carries  passengers  in  the 
North  Atlantic,  all  the  boats  need  not  be  equipped  with 
masts,  sails,  and  compasses,  if  the  ship  is  provided  with 
a  radiotelegraph  installation. 

Second.  The  normal  equipment  of  every  approved  pon- 
toon raft  shall  consist  of — 

(a)  Four  oars. 

(b)  Five  rowlocks. 

(c)  A  self -igniting  life-buoy  light. 

Third.  In  addition,  every  boat  and  every  pontoon  raft 
shall  be  equipped  with — 

(a)  A  life  line  becketed  around  the  outside. 

(b)  A  sea  anchor. 

(c)  A  painter. 

(d)  A  vessel  containing  one  gallon  of  vegetable  or  ani- 
mal oil.  The  vessel  shall  be  so  constructed  that  the  oil 
can  be  easily  distributed  on  the  water  and  so  arranged 
that  it  can  be  attached  to  the  sea  anchor. 

(e)  A  water-tight  receptacle  containing  two  pounds 
avoirdupois  of  provisions  for  each  person,  except  on  ves- 
sels navigating  fresh   water. 


142  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

(f )  A  water-tight  receptacle  containing  one  quart  for 
each  person,  except  on  vessels  navigating  fresh  water. 

(g)  A  number  of  self -igniting  "red  lights"  and  a 
water-tight  box  of  matches. 

Fourth.  All  loose  equipment  must  be  securely  attached 
to  the  boat  or  pontoon  raft  to  which  it  belongs. 

STOWAGE   OF   BOATS — NUMBER    OF    DAVITS. 

The  minimum  number  of  sets  of  davits  is  fixed  in  rela- 
tion to  the  length  of  the  vessel ;  provided  that  a  number 
of  sets  of  davits  greater  than  the  number  of  boats  necas- 
sary  for  the  accommodation  of  all  the  persons  on  board 
may  not  be  required. 

HANDLING  OF  THE  BOATS   AND   RAFTS. 

All  the  boats  and  rafts  must  be  stowed  in  such  a  way 
that  they  can  be  launched  in  the  shortest  possible  time ' 
and  that,  even  under  unfavorable  conditions  of  list  and 
trim  from  the  point  of  view  of  the  handling  of  the  boats 
and  rafts,  it  may  be  possible  to  embark  in  them  as  large  a 
number  of  persons  as  possible. 

The  arrangements  must  be  such  that  it  may  be  possible 
to  launch  on  either  side  of  the  vessel  as  large  a  number 
of  boats  and  rafts  as  possible. 

STRENGTH  AND  OPERATION  OF  THE  DAVITS. 

The  davits  shall  be  of  such  strength  that  the  boats  can 
be  lowered  with  their  full  complement  of  persons  and 
equipment,  the  vessel  being  assumed  to  have  a  list  of  fif- 
teen degrees. 

The  davits  must  be  fitted  with  a  gear  of  sufficient  power 
to  insure  that  the  boat  can  be  turned  out  against  the 
maximum  list  under  which  the  lowering  of  the  boats  is 
possible  on  the  vessel  in  question. 

OTHER    APPLIANCES    EQUIVALENT   TO    DAVITS. 

Any  appliance  may  be  accepted  in  lieu  of  davits  or 
sets  of  davits  if  the  Board  of  Supervising  Inspectors, 
with  the  approval  of  the  Secretary  of  Commerce,  is  satis- 
fied after  proper  trials  that  the  appliance  in  question  is 
as  effective  as  davits  for  placing  the  boats  in  the  water. 


Each  set  of  davits  shall  have  a  boat  of  the  first  class 
attached  to  it,  provided  that  the  number  of  open  boats 
of  the  first  class  attached  to  davits  shall  not  be  less  than 
the  minimum  number  fixed  bv  the  table  which  follows. 


PART  VIII. OFFICERS   OF    MERCHANT  VESSELS.  143 

If  it  is  neither  practicable  nor  reasonable  to  place  on  a 
vessel  the  minimum  number  of  sets  of  davits  required 
by  the  rules,  the  Board  of  Supervising  Inspectors,  with 
the  approval  of  the  Secretary  of  Commerce,  may  author- 
ize a  smaller  number  of  sets  of  davits  to  be  fitted,  pro- 
vided always  that  this  number  shall  never  be  less  than 
the  minimum  number  of  open  boats  of  the  first  class 
required  by  the  rules. 

If  a  large  proportion  of  the  persons  on  board  are  ac- 
commodated in  boats  whose  length  is  greater  than  fifty 
feet,  a  further  reduction  in  the  number  of  sets  of  davits 
may  be  allowed  exceptionally,  if  the  Board  of  Super- 
vising Inspectors,  with  the  approval  of  the  Secretary  of 
Commerce,  is  satisfied  that  the  arrangements  are  in  all 
respects  satisfactory. 

In  all  cases  in  which  a  reduction  in  the  minimum  num- 
ber of  sets  of  davits  or  other  equivalent  appliances  re- 
quired by  the  rules  is  allowed,  the  owner  of  the  vessel  in 
quest  ion' shall  be  required  to  prove,  by  a  test  made  in  the 
presence  of  an  officer  designated  by  the  Supervising  In- 
spector General,  that  all  the  boats  can  be  efficiently 
launched  in  a  minimum  time. 

The  conditions  of  this  test  shall  be  as  follows: 

First.  The  vessel  is  to  be  upright  and  in  smooth  water. 

Second.  The  time  is  the  time  required  from  the  begin- 
ning of  the  removal  of  the  boat  covers,  or  any  other  op- 
eration necessary  to  prepare  the  boats  for  lowering,  until 
the  last  boat  or  pontoon  raft  is  afloat. 

Third.  The  number  of  men  employed  in  the  whole  op- 
eration must  not  exceed  the  total  number  of  boat  hands 
that  will  be  carried  on  the  vessel  under  normal  service 
conditions. 

Fourth.  Each  boat  when  being  lowered  must  have  on 
board  at  least  two  men  and  its  full  equipment  as  required 
by  the  rules. 

The  time  allowed  for  putting  all  the  boats  into  the 
water  shall  be  fixed  by  the  Board  of  Supervising  In- 
spectors, with  the  approval  of  the  Secretary  of  Commerce. 

MINIMUM    NUMBER    OF   DAVITS   AND   OF   OPEN    BOATS    OF   THE 
FIRST    CLASS MINIMUM    BOAT    CAPACITY. 

The  following  table  fixes,  according  to  the  length  of 
the  vessel — 

(A)  The  minimum  number  of  sets  of  davits  to  be  pro- 
vided, to  each  of  which  must  be  attached  a  boat  of  the 
first  class  in  accordance  with  this  section. 

(B)  The  minimum  total  number  of  open  boats  of  the 
first  class,  which  must  be  attached  to  davits,  in  accordance 
with  this  section. 


144 


NAVIGATION   LAWS   OF   THE    UNITED   STATES. 


(C)  The  minimum  boat  capacity  required,  including 
the  boats  attached  to  davits  and  the  additional  boats,  in 
accordance  with  this  section. 


Registered  length  of  the  ship 
(feet). 


(A) 


Minimum 
number 

of  sets  of 
davits. 


(B) 

Minimum 
number 
of  open 
boats  of 
the  first 


(C) 


Minimum 
capacity  of 
lifeboats. 


100  and 
120  and 
140  and 
160  and 
175  and 
190  and 
205  and 
220  and 
230  and 
245  and 
255  and 
270  and 
285  and 
300  and 
315  and 
330  and 
350  and 
370  and 
390  and 
410  and 
435  and 
460  and 
490  and 
520  and 
550  and 
580  and 
610  and 
640  and 
670  and 
700  and 
730  and 
760  and 
790  and 
820  and 
855  and 
890  and 
925  and 
960  and 
995  and 


less  than  120.. 
less  than  140.. 
less  than  160.. 
less  than  175.. 
less  than  190.. 
less  than  205.. 
less  than  220. . 
less  than  230. . 
less  than  245. . 
less  than  255.. 
less  than  270.. 
less  than  285.. 
less  than  300.. 
less  than  315.. 
less  than  330.. 
less  than  350.. 
less  than  370. . 
less  than  390.. 
less  than  410.. 
less  than  435.. 
less  than  460.. 
less  than  490.. 
less  than  520.. 
less  than  550.. 
less  than  580.. 
less  than  610.. 
less  than  640.. 
less  than  670.. 
less  than  700.. 
less  than  730.. 
less  than  760.. 
less  than  790.. 
lesa  than  820. . 
less  than  855.. 
less  than  890.. 
less  than  925.. 
less  than  960.. 
less  than  995.. 
less  than  1,030 


Cubic  feet. 


2 

1,220 

2 

1,550 

3 

1,880 

3 

2,390 

4 

2,740 

4 

3,330 

4 

3,900 

1 

4,  560 

5 

5,100 

5 

5,640 

5 

6,190 

5 

6,930 

6 

7,  550 

6 

8,290 

7 

9,000 

7 

9,630 

7 

10,  650 

7 

11,  700 

9 

13,  060 

9 

14,  430 

Hi 

15,  920 

10 

17,  310 

12 

18,  720 

12 

20,  350 

13 

21,  900 

18 

23,  700 

11 

25,  350 

11 

27,  050 

15 

28,  560 

15 

30, 180 

17 

32, 100 

17 

34, 350 

18 

36, 450 

18 

38,  750 

19 

41,  000 

]!) 

43,  880 

21) 

46,  350 

21) 

48,  750 

When  the  length  of  the  vessel  exceeds  one  thousand  and 
thirty  feet,  the  Board  of  Supervising  Inspectors,  with  the 
approval  of  the  Secretary  of  Commerce,  shall  determine 
the  minimum  number  of  sets  of  davits  and  of  open  boats 
of  the  first  class  for  that  vessel. 


PART  VIII. OFFICERS   OF    MERCHANT   VESSELS.  145 

EMBARKATION    OF    THE    PASSENGERS    IN    THE   LIFEBOATS    AND 
RAFTS. 

Suitable  arrangements  shall  be  made  for  embarking 
the  passengers  in  the  boats,  in  accord  with  regulations 
by  the  Board  of  Supervising  Inspectors,  with  the  ap- 
proval of  the  Secretary  of  Commerce. 

In  vessels  which  carry  rafts  there  shall  be  a  number 
of  rope  or  wooden  ladders  always  available  for  use  in 
embarking  the  persons  onto  the  rafts. 

The  number  and  arrangement  of  the  boats,  and  (where 
they  are  allowed)  of  the  pontoon  rafts,  on  a  vessel  de- 
pends upon  the  total  number  of  persons  which  the  vessel 
is  intended  to  carry:  Provided,  That  there  shall  not  be 
required  on  any  voyage  a  total  capacity  in  boats,  and 
(where  they  are  allowed)  pontoon  rafts,  greater  than 
that  necessary  to  accommodate  all  the  persons  on  board. 

At  no  moment  of  its  voyage  shall  any  passenger  steam 
vessel  of  the  United  States  on  ocean  routes  more  than 
twenty  nautical  miles  offshore  have  on  board  a  total  num- 
ber of  persons  greater  than  that  for  whom  accommoda- 
tion is  provided  in  the  lifeboats  and  pontoon  life  rafts 
on  board. 

If  the  lifeboats  attached  to  davits  do  not  provide  suffi- 
cient accommodation  for  all  persons  on  board,  additional 
lifeboats  of  one  of  the  standard  types  shall  be  provided. 
This  addition  shall  bring  the  total  capacity  of  the  boats 
on  the  vessel  at  least  up  to  the  greater  of  the  two  follow- 
ing amounts: 

(a)  The  minimum  capacity  required  by  these  regula- 
tions ; 

(b)  A  capacity  sufficient  to  accommodate  seventy-five 
per  centum  of  the  persons  on  board. 

The  remainder  of  the  accommodation  required  shall 
be  provided,  under  regulations  of  the  Board  of  Super- 
vising Inspectors,  approved  by  the  Secretary  of  Com- 
merce, either  in  boats  of  class  one  or  class  two,  of  in  pon- 
toon rafts  of  an  approved  type. 

At  no  moment  of  its  voyage  shall  any  passenger  steam 
vessel  of  the  United  States  on  ocean  routes  less  than 
twenty  nautical  miles  offshore  have  on  board  a  total  num- 
ber of  persons  greater  than  that  for  whom  accommoda- 
tion is  provided  in  the  lifeboats  and  pontoon  rafts  on 
board.  The  accommodation  provided  in  lifeboats  shall 
in  every  case  be  sufficient  to  accommodate  at  least  seventy- 
five  per  centum  of  the  persons  on  board.  The  number 
and  type  of  such  lifeboats  and  life  rafts  shall  be  deter- 
mined by  regulations  of  the  Board  of  Supervising  In- 
spectors, approved  by  the  Secretary  of  Commerce:  Pro- 
vided, That  during  the  interval  from  May  fifteenth  to 
September  fifteenth,  inclusive,  any  passenger  steam  ves- 
sel of  the  United  States,  on  ocean  routes  less  than  twenty 
nautical  miles  offshore,  shall  be  required  to  carry  accom- 
143562°— 19 10 


146  NAVIGATION   LAWS   OF   THE   UNITED  STATES. 

modation  for  not  less  than  seventy  per  centum  of  the 
total  number  of  persons  on  board  in  lifeboats  and  pon- 
toon life  rafts,  of  which  accommodation  not  less  than 
fifty  per  centum  shall  be  in  lifeboats  and  fifty  per  centum 
may  be  in  collapsible  boats  or  rafts,  under  regulations  of 
the  Board  of  Supervising  Inspectors,  approved  by  the 
Secretary  of  Commerce. 

At  no  moment  of  its  voyage  may  any  ocean-cargo  steam 
vessel  of  the  United  States  have  on  board  a  total  num- 
ber of  persons  greater  than  that  for  whom  accommoda- 
tion is  provided  in  the  lifeboats  on  board.  The  number 
and  types  of  such  boats  shall  be  determined  by  regula- 
tions of  the  Board  of  Supervising  Inspectors,  approved 
by  the  Secretary  of  Commerce. 

At  no  moment  of  its  voyage  may  any  passenger  steam 
vessel  of  the  United  States  on  the  Great  Lakes,  on  routes 
more  than  three  miles  offshore,  except  over  waters  whose 
depth  is  not  sufficient  to  submerge  all  the  decks  of  the  ves- 
sel, have  on  board  a  total  number  of  persons,  including 
passengers  and  crew,  greater  than  that  for  whom  accom- 
modation is  provided  in  the  lifeboats  and  pontoon  life 
rafts  on  board.  The  accommodation  provided  in  life- 
boats shall  in  every  case  be  sufficient  to  accommodate  at 
least  seventy-five  per  centum  of  the  persons  on  board. 
The  number  and  types  of  such  lifeboats  and  life  rafts 
shall  be  determined  by  regulations  of  the  Board  of  Super- 
vising Inspectors,  approved  by  the  Secretary  of  Com- 
merce :  Provided,  That  during  the  interval  from  May  fif- 
teenth to  September  fifteenth,  inclusive,  any  such  steamer 
shall  be  required  to  carry  accommodation  for  not  less 
than  fifty  per  centum  of  persons  on  board  in  lifeboats  and 
pontoon  life  rafts,  of  which  accommodation  not  less  than 
two-fifths  shall  be  in  lifeboats  and  three-fifths  may  be  in 
collapsible  boats  or  rafts,  under  regulations  of  the  Board 
of  Supervising  Inspectors,  approved  by  the  Secretary  of 
Commerce:  Provided  further,  That  all  passenger  steam 
vessels  of  the  United  States,  the  keels  of  which  are  laid 
after  the  first  of  July,  nineteen  hundred  and  fifteen,  for 
service  on  ocean  routes,  or  for  service  from  September 
fifteenth  to  May  fifteenth  on  the  Great  Lakes  on  routes 
more  than  three  miles  offshore,  shall  be  built  to  carry, 
and  shall  carry,  enough  lifeboats  and  life  rafts  to  accom- 
modate all  persons  on  board,  including  passengers  and 
crew :  And  provided  further,  That  not  more  than  twenty- 
five  per  centum  of  such  equipment  may  be  in  pontoon  life 
rafts  or  collapsible  lifeboats. 

At  no  moment  of  its  voyage  may  any  cargo  steam  ves- 
sel of  the  United  States  on  the  Great  Lakes  have  on  board 
a  total  number  of  persons  greater  than  that  for  whom 
accommodation  is  provided  in  the  lifeboats  on  board. 
The  number  and  types  of  such  boats  shall  be  determined 
by  regulations  of  the  Board  of  Supervising  Inspectors 
approved  by  the  Secretary  of  Commerce. 


PART   VIII.— OFFICERS   OF    MERCHANT   VESSELS.  147 

The  number,  types,  and  capacity  of  lifeboats  and  life 
rafts,  tog-ether  with  the  proportion  of  such  accommoda- 
tion to  the  number  of  persons  on  board  which  shall  be 
carried  on  steam  vessels  on  the  Great  Lakes,  on  routes 
three  miles  or  less  offshore  or  over  waters  whose  depth  is 
not  sufficient  to  submerge  all  the  decks  of  the  vessel,  and 
on  all  other  lakes,  and  on  rivers,  bays,  and  sounds,  shall 
be  determined  by  regulations  of  the  Board  of  Supervising 
Inspectors,  approved  by  the  Secretary  of  Commerce. 

All  regulations  by  the  Board  of  Supervising  Inspectors, 
approved  by  the  Secretary  of  Commerce,  authorized  by 
this  Act,  shall  be  transmitted  to  Congress  as  soon  as  prac- 
ticable after  they  are  made. 

The  Secretary  of  Commerce  is  authorized  in  specific 
cases  to  exempt  existing  vessels  from  the  requirements  of 
this  section  that  the  davits  shall  be  of  such  strength  and 
shall  be  fitted  with  a  gear  of  sufficient  power  to  insure 
that  the  boats  can  be  lowered  with  their  full  complement 
of  persons  and  equipment,  the  vessel  being  assumed  to 
have  a  list  of  fifteen  degrees,  where  their  strict  applica- 
tion would  not  be  practicable  or  reasonable. 

CERTIFICATED  LIFEBOAT  MEN — MANNING  OF  THE  BOATS. 

There  shall  be  for  each  boat  or  raft  a  number  of  life- 
boat men  at  least  equal  to  that  specified  as  follows :  If  the 
boat  or  raft  carries  twenty-five  persons  or  less,  the  mini- 
mum number  of  certificated  lifeboat  men  shall  be  one; 
if  the  boat  or  raft  carries  twenty-six  persons  and  less 
than  forty-one  persons  the  minimum  number  of  certifi- 
cated lifeboat  men  shall  be  two ;  if  the  boat  or  raft  carries 
forty-one  persons  and  less  than  sixty-one  persons  the 
minimum  number  of  certificated  lifeboat  men  shall  be 
three ;  if  the  boat  or  raft  carries  from  sixty-one  to  eighty- 
five  persons,  the  minimum  number  of  certificated  lifeboat 
men  shall  be  four ;  if  the  boat  or  raft  carries  from  eighty- 
six  to  one  hundred  and  ten  persons,  the  minimum  num- 
ber of  certificated  lifeboat  men  shall  be  five ;  if  the  boat 
or  raft  carries  from  one  hundred  and  eleven  to  one  hun- 
dred and  sixty  persons,  the  minimum  number  of  certifi- 
cated lifeboat  men  shall  be  six;  if  the  boat  or  raft  carries 
from  one  hundred  and  sixty-one  to  two  hundred  and  ten 
persons,  the  minimum  number  of  certificated  lifeboat 
men  shall  be  seven;  and,  thereafter,  one  additional  cer- 
tificated lifeboat  man  for  each  additional  fifty  persons: 
Provided,  That  if  the  raft  carries  fifteen  persons  or  less 
a  licensed  officer  or  able  seaman  need  not  be  placed  in 
charge  of  such  raft :  Provided  further,  That  one-half  the 
number  of  rafts  carried  shall  have  a  capacity  of  exceeding 
fifteen  persons. 

The  allocation  of  the  certificated  lifeboat  men  to  each 
boat  and  raft  remains  within  the  discretion  of  the  master, 
according  to  the  circumstances. 


148  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

By  "  certificated  lifeboat  man  "  is  meant  any  member 
of  the  crew  who  holds  a  certificate  of  efficiency  issued  un- 
der the  authority  of  the  Secretary  of  Commerce,  who  is 
hereby  directed  to  provide  for  the  issue  of  such  certifi- 
cates. 

In  order  to  obtain  the  special  lifeboat  man's  certificate 
the  applicant  must  prove  to  the  satisfaction  of  an  officer 
designated  by  the  Secretary  of  Commerce,  that  he  has  *. 
been  trained  in  all  the  operations  connected  with  launch- 
ing lifeboats  and  the  use  of  oars;  that  he  is  acquainted 
with  the  practical  handling  of  the  boats  themselves ;  and, 
further,  that  he  is  capable  of  understanding  and  answer- 
ing the  orders  relative  to  lifeboat  service. 

Section  forty-four  hundred  and  sixty-three  of  the  Ke- 
vised  Statutes  as  amended  is  hereby  amended  by  adding 
the  words  "  including  certificated  lifeboat  men,  separately 
stated,"  to  the  word  "  crew  "  wherever  it  occurs. 

MANNING    OF   BOATS. 

A  licensed  officer  or  able  seaman  shall  be  placed  in 
charge  of  each  boat  or  pontoon  raft ;  he  shall  have  a  list 
of  its  lifeboat  men,  and  other  members  of  its  crew  which 
shall  be  sufficient  for  her  safe  management,  and  shall  see 
that  the  men  placed  under  his  orders  are  acquainted  with 
their  several  duties  and  stations. 

A  man  capable  of  working  the  motor  shall  be  assigned 
to  each  motor  boat. 

The  duty  of  seeing  that  the  boats,  pontoon  rafts,  and 
other  life-saving  appliances  are  at  all  times  ready  for  use 
shall  be  assigned  to  one  or  more  officers. 

MUSTER  ROLL  AND  DRILLS. 

Special  duties  for  the  event  of  an  emergency  shall  be 
allotted  to  each  member  of' the  crew. 

The  muster  list  shows  all  these  special  duties,  and  in- 
dicates, in  particular,  the  station  to  which  each  man 
must  go}  and  the  duties  that  he  has  to  perform. 

Before  the  vessel  sails  the  muster  list  shall  be  drawn 
up  and  exhibited,  and  the  proper  authority,  to  be  desig- 
nated by  the  Secretary  of  Commerce,  shall  be  satisfied 
that  the  muster  list  has  been  prepared  for  the  vessel.  It 
shall  be  posted  in  several  parts  of  the  vessel,  and  in  par- 
ticular in  the  crew's  quarters. 

MUSTER   LIST. 

The  muster  list  shall  assign  duties  to  the  different  mem- 
bers of  the  crew  in  connection  with — 

(a)  The  closing  of  the  water-tight  doors,  valves,  and 
so  forth. 

(b)  The  equipment  of  the  boats  and  rafts  generally. 

(c)  The  launching  of  the  boats  attached  to  davits. 


PART  VIII. — OFFICERS   OF   MERCHANT  VESSELS.  149 

(d)  The  general  preparation  of  the  other  boats  and 
the  pontoon  rafts. 

(e)  The  muster  of  the  passengers. 

(f )  The  extinction  of  fire. 

The  muster  list  shall  assign  to  the  members  of  the 
stewards'  department  their  several  duties  in  relation  to 
the  passengers  at  a  time  of  emergency.  These  duties  shall 
include — 

(a)  Warning  the  passengers. 

(b)  Seeing  that  they  are  dressed  and  have  put  on  their 
life  jackets  in  a  proper  maimer. 

(c)  Assembling  the  passengers. 

(d)  Keeping  order  in  the  passages  and  on  the  stair- 
ways, and,  generally,  controlling  the  movements  of  the 
passengers. 

The  muster  list  shall  specify  definite  alarm  signals  for 
calling  all  the  crew  to  the  boat  and  fire  stations,  and  shall 
give  full  particulars  of  these  signals. 

MUSTERS  AND  DRILLS. 

Musters  of  the  crews  at  their  boat  and  fire  stations,  fol- 
lowed by  boat  and  fire  drills,  respectively,  shall  be  held 
at  least  once  a  week,  either  in  port  or  at  sea.  An  entry 
shall  be  made  in  the  official  log  book  of  these  drills,  or  of 
the  reason  why  they  could  not  be  held. 

Different  groups  of  boats  shall  be  used  in  turn  at  suc- 
cessive boat  drills.  The  drills  and  inspections  shall  be  so 
arranged  that  the  crew  thoroughly  understand  and  are 
practiced  in  the  duties  they  have  to  perform,  and  that  all 
the  boats  and  pontoon  rafts  on  the  ship  with  the  gear 
appertaining  to  them  are  always  ready  for  immediate  use. 

LIFE  JACKETS  AND  LIFE  BUOYS. 

A  life  jacket  of  an  approved  type,  or  other  appliance 
of  equal  buoyancy  and  capable  of  being  fitted  on  the 
body,  shall  be  carried  for  every  person  on  board,  and,  in 
addition,  a  sufficient  number  of  life  jackets,  or  other 
equivalent  appliances,  suitable  for  children. 

First.  A  life  jacket  shall  satisfy  the  following  condi- 
tions: 

(a)  It  shall  be  of  approved  material  and  construction. 

(b)  It  shall  be  capable  of  supporting  in  fresh  water 
for  twenty-four  hours  fifteen  pounds  avoirdupois  of  iron. 

Life  jackets  the  buoyancy  of  which  depends  on  air  com- 
partments are  prohibited. 

Second.  A  life  buoy  shall  satisfy  the  following  con- 
ditions : 

(a)  It  shall  be  of  solid  cork  or  any  other  equivalent 
material. 

(b)  It  shall  be  capable  of  supporting  in  fresh  water 
for  twenty- four  hours  at  least  thirty-one  pounds  avoirdu- 
pois of  iron. 


150  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

Life  buoys  filled  with  rushes,  cork  shavings,  or  granu- 
lated cork,  or  any  other  loose  granulated  material,  or 
whose  buoyancy  depends  upon  air  compartments  which 
require  to  be  inflated,  are  prohibited. 
June  12,  1916.  Third.  The  minimum  number  of  life  buoys  with  which 
vessels  are  to  be  provided  is  fixed  as  follows : 

Vessels  under  one  hundred  feet  in  length,  minimum 
number  of  buoys,  two;  vessels  one  hundred  feet  and  less 
than  two  hundred  feet  in  length,  minimum  number  of 
buoys,  four,  of  which  two  shall  be  luminous ;  vessels  two 
hundred  feet  and  less  than  three  hundred  feet  in  length, 
minimum  number  of  buoys,  six,  of  which  two  shall  be 
luminous;  vessels  three  hundred  feet  and  less  than  four, 
hundred  feet  in  length,  minimum  number  of  buoys, 
twelve,  of  which  four  shall  be  luminous;  vessels  four 
hundred  feet  and  less  than  six  hundred  feet  in  length, 
minimum  number  of  buoys,  eighteen,  of  which  nine  shall 
be  luminous ;  vessels  six  hundred  feet  and  less  than  eight 
hundred  feet  in  length,  minimum  number  of  buoys, 
twenty-four,  of  which  twelve  shall  be  luminous;  vessels 
eight  hundred  feet  and  over  in  length,  minimum  number 
of  buoys,  thirty,  of  which  fifteen  shall  be  luminous. 

Fourth.  All  the  buoys  shall  be  fitted  with  beckets  se- 
curely seized.  Where  two  buoys  only  are  carried  one 
shall  be  fitted  with  a  life  line  at  least  fifteen  fathoms  in 
length,  and  where  more  than  two  buoys  are  carried  at 
least  one  buoy  on  each  side  shall  be  fitted  with  a  life  line 
of  at  least  fifteen  fathoms  in  length.  The  lights  shall  be 
efficient  self-igniting  lights  which  can  not  be  extinguished 
in  water,  and  they  shall  be  kept  near  the  buoys  to  which 
they  belong,  with  the  necessary  means  of  attachment. 

Fifth.  All  the  life  buoys  and  life  jackets  shall  be  so 
placed  as  to  be  readily  accessible  to  the  persons  on  board ; 
their  position  shall  be  plainly  indicated  so  as  to  be  known 
to  the  persons  concerned. 

The  life  buoys  shall  always  be  capable  of  being  rap- 
idly cast  loose,  and  shall  not  be  permanently  secured  in 
any  way.  The  owner  of  any  vessel  who  neglects  or  re- 
fuses to  provide  and  equip  his  vessel  with  such  lifeboats, 
floats,  rafts,  life  preservers,  line-carrying  projectiles,  and 
the  means  of  propelling  them,  drags,  pumps,  or  other 
appliances,  as  are  required  under  the  provisions  of  this 
section,  or  under  the  regulations  of  the  Board  of  Super- 
vising Inspectors,  approved  by  the  Secretary  of  Com- 
merce, authorized  by  and  made  pursuant  hereto,  shall  be 
fined  not  less  than  $500,  nor  more  than  $5,000,  and  every 
master  of  a  vessel  who  shall  fail  to  comply  with  the 
requirements  of  this  section,  and  the  regulations  of  the 
Board  of  Supervising  Inspectors,  approved  by  the  Sec- 
retary of  Commerce,  authorized  by  and  made  pursuant 
hereto,  shall  upon  conviction  be  fined  not  less  than  $50, 
nor  more  than  $500. 


PART  Vin. OFFICERS   OF    MERCHANT   VESSELS. 


151 


142.  Stairways  and  deck  room. 

Every  such  steam- vessel  carrying  passengers  on  the  R-  s-  4484- 
main-deck  shall  be  provided  with  permanent  stairways 
and  other  sufficient  means,  convenient  to  the  passengers, 
for  their  escape  to  their  upper  deck,  in  case  of  the  vessel 
sinking  or  of  other  accident  endangering  life ;  and  in  the 
stowage  of  freight  upon  such  deck,  where  passengers  are 
carried,  gangways  or  passages,  sufficiently  large  to  allow 
persons  to  pass  freely  through  them,  shall  be  left  open 
both  fore  and  aft  of  the  vessel,  and  also  to  and  along  the 
guards  on  each  side. 

The  captain  or  mate  of  every  such  steam-vessel  carry-  R-  s->  4485- 
ing  passengers  upon  the  main-deck  shall  assign  to  all 
deck-passengers,  when  taking  passage,  the  space  on  deck 
they  may  occupy  during  the  voyage,  and  such  space  shall 
not  thereafter  be  occupied  by  freight,  nor  overcrowded 
by  other  persons,  nor  shall  freight  be  stowed  about  the 
boilers  or  machinery,  in  such  a  manner  as  to  obstruct  or 
prevent  the  engineer  from  readily  attending  to  his  duties. 

For  every  violation  of  the  provisions  of  the  two  pre-    R-  s-»  4486- 
ceding  sections  the  owners  of  the  vessel  shall  be  punished 
by  a  fine  of  three  hundred  dollars. 

143.  Wire  tiller  ropes. 

Every  steamer  carrying  passengers  shall  be  provided  ^Vwos. 
with  such  tiller  ropes,  tiller  rods,  or  chains  for  the  pur-  sec' 2.' 
pose  of  steering"  and  navigating  the  vessel,  and  such  bell- 
pulls  for  signalizing  the  engineer  from  the  pilot  house, 
and  such  tubes  or  other  arrangement  to  repeat  back  the 
signal  to  the  pilot  house,  as  may  be  prescribed  by  the 
board  of  supervising  inspectors,  with  the  approval  of  the 
Secretary  of  Commerce. 

144.  Protection  against  fire. 

Every  steamer  carrying  passengers  or  freight  shall  be  Mars"3*4]i9'o5. 
provided  with  suitable  pipes  and  valves  attached  to  the  Sec-  7- 
boiler  to  convey  steam  into  the  hold  and  to  the  different 
compartments  thereof  to  extinguish  fire,  or  such  other 
suitable  apparatus  as  may  be  prescribed  by  the  regula- 
tions of  the  board  of  supervising  inspectors,  with  the  ap- 
proval of  the  Secretary  of  Commerce,  for  extinguishing 
fire  in  the  hold  and  compartments  thereof  by  the  intro- 
duction through  pipes  into  such  hold  and  compartments 
of  carbonic  acid  gas  or  other  fire-extinguishing  gas  or 
vapor;  and  every  stove  used  on  board  of  any  such  vessel 
shall  be  well  and  securely  fastened,  so  as  to  prevent  it 
from  being  moved  or  overthrown,  and  all  woodwork  or 
other  ignitible  substances  about  the  boilers,  chimneys, 
cook  houses,  and  stovepipes,  exposed  to  ignition  shall  be 
thoroughly  shielded  by  some  incombustible  material  in 
such  a  manner  as  to  leave  the  air  to  circulate  freely  be- 
tween such  material  and  woodwork  or  other  ignitible 
substance ;  and  before  granting  a  certificate  of  inspection 


152  NAVIGATION   LAWS   OF   THE    UNITED   STATES. 

the  inspector  shall  require  all  other  necessary  provisions 
to  be  made  throughout  such  vessels  to  guard  against  loss 
or  danger  from  fire. 

r.  s.,  4471.  Every  steamer  permitted  by  her  certificate  of  inspec- 
tion to  carry  as  many  as  fifty  passengers,  or  upward,  and 
every  steamer  carrying  passengers,  which  also  carries 
cotton,  hay,  or  hemp,  shall  be  provided  with  a  good 
double-acting  steam  fire-pump,  or  other  equivalent  appa- 
ratus for  throwing  water.  Such  pump  or  other  appa- 
ratus for  throwing  water  shall  be  kept  at  all  times  and 
at  all  seasons  of  the  year  in  good  order  and  ready  for 
immediate  use,  having  at  least  two  pipes  of  suitable  di- 
mensions, one  on  each  side  of  the  vessel,  to  convey  the 
water  to  the  upper  decks,  to  which  pipes  there  shall  be  at- 
tached, by  means  of  stop-cocks  or  valves,  both  between 
decks  and  on  the  upper  deck,  good  and  suitable  hose  of 
sufficient  strength  to  stand  a  pressure  of  not  less  than  one 
hundred  pounds  to  the  square  inch,  long  enough  to  reach 
to  all  parts  of  the  vessel  and  properly  provided  with  noz- 
zles, and  kept  in  good  order  and  ready  for  immediate 
service.  Every  steamer  exceeding  two  hundred  tons  bur- 
den and  carrying  passengers  shall  be  provided  with  two 
good  double-acting  fire-pumps,  to  be  worked  by  hand : 
each  chamber  of  such  pumps,  except  pumps  upon  steamers 
in  service  on  the  twenty-eighth  day  of  February,  eighteen 
hundred  and  seventy-one,  shall  be  of  sufficient  capacity 
to  contain  not  less  than  one  hundred  cubic  inches  of 
water ;  and  such  pumps  shall  be  placed  in  the  most  suit- 
able parts  of  the  vessel  for  efficient  service,  having  suit- 
able well-fitted  hose  to  each  pump,  of  at  least  one-half  the 
vessel  in  length,  kept  at  all  times  in  perfect  order,  and 
shipped  up  and  ready  for  immediate  use.  On  every 
steamer  not  exceeding  two  hundred  tons,  one  of  such 
pumps  may  be  dispensed  with.  Each  fire-pump  thus  pre- 
scribed shall  be  supplied  with  water  by  means  of  a  suit- 
able pipe  connected  therewith,  and  passing  through  the 
side  of  the  vessel  so  low  as  to  be  at  all  times  under  water 

June  30,  1906.  when  she  is  afloat.  Every  steamer  shall  also  be  provided 
with  a  pump  which  shall  be  of  sufficient  strength  and 
suitably  arranged  to  test  the  boilers  thereof. 

r.  s.,  4477.  Every  steamer  carrying  passengers  during  the  night- 
time shall  keep  a  suitable  number  of  watchmen  in  the 
cabins,  and  on  each  deck,  to  guard  against  fire  or  other 
dangers,  and  to  give  alarm  in  case  of  accident  or  disaster. 

r.  s.,  447s.  For  any  neglect  to  keep  the  watchmen  required  by  the 
preceding  section,  the  license  of  the  officer  in  charge  of  the 
vessel  for  the  time  being  shall  be  revoked;  and  every 
owner  of  such  vessel  who  neglects  or  refuses  to  furnish 
the  number  of  men  necessary  to  keep  watch  as  required, 
shall,  be  fined  one  thousand  dollars. 

r.  s.,  4479.  The  board  of  supervising  inspectors  may  require  steam- 
ers carrying  either  passengers  or  freight  to  be  provided 
with  such  number  and  kind  of  good  and  efficient  portable 


PART  VIII. — OFFICERS   OF   MERCHANT   VESSELS.  153 

fire-extinguishers  as,  in  the  judgment  of  the  board,  may 
be  necessary  to  protect  them  from  fire  when  such  steamers 
are  moored  or  lying  at  a  wharf  without  steam  to  work  the 
pumps. 

Every  such  steam  vessel  carrying  passengers  shall  keep  gjj^gjk 
such  fire  buckets,  axes,  and  water  barrels  as  shall  be  pre-  see's.' 
scribed  by  the  regulations  established  by  the  board  of 
supervising  inspectors,  with  the  approval  of  the  Secre- 
tary of  Commerce.  The  buckets  and  barrels  shall  be  kept 
in  convenient  places  and  filled  with  water,  to  be  in  readi- 
ness in  case  of  fire,  and  the  axes  shall  be  kept  in  good 
order  and  ready  for  immediate  use.  Tanks  of  suitable 
dimensions  and  arrangement,  or  buckets  in  sufficient  num- 
ber, may  be  substituted  for  barrels. 

Every  barge  carrying  passengers,  while  in  tow  of  any  R-  s->  4492- 
steamer,  shall  be  subject  to  the  provisions  of  this  Title 
[K.  S.,  4399-4500]  relating  to  fire-buckets,  axes,  life-pre- 
servers, and  yawls,  to  such  extent  as  shall  be  prescribed 
by  the  board  of  supervising  inspectors ;  and  for  any  vio- 
lation of  this  section  the  penalty  shall  be  two  hundred 
dollars,  recoverable  one-half  for  the  use  of  the  informer. 
145.  Inflammable  or  explosive  cargo. 

Upon  the  application  of  any  master  or  owner  of  any    ft.  &,  mul 

1  .       rsri  -i  .       ,-.  ^      •  _c  j>  Mar.   4,   1915. 

steam  vessel  employed  in  the  carriage  ot  passengers,  tor  a  sec.  2. 
license  to  carry  gunpowder,  the  local  inspectors  shall  ex- 
amine such  vessel,  and  if  they  find  that  she  is  provided 
with  a  chest  or  safe  composed  of  metal,  or  entirely  lined 
and  sheathed  therewith,  or  if  the  vessel  has  one  or  more 
compartments  thoroughly  lined  and  sheathed  with  metal, 
at  a  secure  distance  from  any  fire,  they  may  grant  a  cer- 
tificate to  that  effect,  authorizing  such  vessel  to  carry  as 
freight  within  such  chest,  safes,  or  compartments,  the 
article  of  gunpowder,  which  certificate  shall  be  kept  con- 
spicuously posted  on  board  such  vessel. 

No  loose  hay,  loose  cotton,  or  loose  hemp,  camphene,  r.  s.,  4472. 
nitroglycerin,  naphtha,  benzine,  benzole,  coal  oil,  crude  or  ^;  f;  1905' 
refined  petroleum,  or  other  like  explosive  burning  fluids, 
or  like  dangerous  articles,  shall  be-carried  as  freight  or 
used  as  stores  on  any  steamer  carrying  passengers;  nor 
shall  baled  cotton  or  hemp  be  carried  on  such  steamers 
unless  the  bales  are  compactly  pressed  and  thoroughly 
covered  and  secured  in  such  manner  as  shall  be  prescribed 
by  the  regulations  established  by  the  board  of  supervising 
inspectors  with  the  approval  of  the  Secretary  of  Com- 
merce ;  nor  shall  gunpowder  be  carried  on  any  such  vessel 
except  under  special  license;  nor  shall  oil  or  vitriol, 
nitric  or  other  chemical  acids  be  carried  on  such  steam- 
ers except  on  the  decks  or  guards  thereof  or  in  such 
other  safe  part  of  the  vessel  as  shall  be  prescribed  by  the 
inspectors.  Refined  petroleum,  which  will  not  ignite  at 
a  temperature  less  than  one  hundred  and  ten  degrees  of 
Fahrenheit  thermometer,  may  be  carried  on  board  such 


154  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

steamers  upon  routes  where  there  is  no  other  practicable 
mode  of  transporting  it,  and  under  such  regulations  as 
shall  be  prescribed  by  the  board  of  supervising  inspectors 
with  the  approval  of  the  Secretary  of  Commerce;  and 
oil  or  spirits  of  turpentine  may  be  carried  on  such 
steamers  when  put  up  in  good  metallic  vessels  or  casks 
or  barrels  well  and  securely  bound  with  iron  and  stowed 
in  a  secure  part  of  the  vessel ;  and  friction  matches  may 
be  carried  on  such  steamers  when  securely  packed  in 
strong,  tight  chests  or  boxes,  the  covers  of  which  shall  be 
well  secured  by  locks,  screws,  or  other  reliable  fastenings, 
and  stowed  in  a  safe  part  of  the  vessel  at  a  secure  distance 
from  any  fire  or  heat.  All  such  other  provisions  shall  be 
made  on  every  steamer  carrying  passengers  or  freight,  to 
guard  against  and  extinguish  fire,  as  shall  be  prescribed 
by  the  board  of  supervising  inspectors  and  approved 
by  the  Secretary  of  Commerce.  Nothing  in  the  fore- 
going or  following  sections  of  this  Act  shall  prohibit 
the  transportation  by  steam  vessels  of  gasoline  or  any  of 
the  products  of  petroleum  when  carried  by  motor  vehicles 
(commonly  known  as  automobiles)  using  the  same  as  a 
source  of  motive  power :  Provided,  however,  That  all  fire, 
if  any,  in  such  vehicles  or  automobiles  be  extinguished 
immediately  after  entering  the  said  vessel,  and  that  the 
same  be  not  relighted  until  immediately  before  said  ve- 
•  hide  shall  leave  the  vessel:  Provided  further,  That  any 
owner,  master,  agent,  or  other  person  having  charge  of 
passenger  steam  vessels  shall  have  the  right  to  refuse  to 
Transport  automobile  vehicles  the  tanks  of  which  contain 
gasoline,  naphtha,  or  other  dangerous  burning  fluids. 

May  2s,  1906.  Provided,  however,  That  nothing  in  the  provisions  of 
this  Title  shall  prohibit  the  transportation  by  vessels  not 
carrying  passengers  for  hire,  of  gasoline  or  any  of  the 
products  of  petroleum  for  use  as  a  source  of  motive  power 
for  the  motor  boats  or  launches  of  such  vessels. 

Jan.  24,  1913.  Provided  further,  That  nothing  in  the  foregoing  or 
following  sections  of  this  Act  shall  prohibit  the  use,  by 
steam  vessels  carrying  passengers  for  hire,  of  lifeboats 
equipped  with  gasoline  motors,  and  tanks  containing 
gasoline  for  the  operation  of  said  motor-driven  lifeboats : 
Provided,  however,  That  no  gasoline  shall  be  carried 
other  than  that  in  the  tanks  of  the  lifeboats:  Provided 
further,  That  the  use  of  such  lifeboats  equipped  with 
gasoline  motors  shall  be  under  such  regulations  as  shall 
be  prescribed  by  the  board  of  supervising  inspectors  with 
the  approval  of  the  Secretary  of  Commerce. 

Oct.  22,  1914.  Provided,  however,  That  nothing  in  the  foregoing  or 
following  sections  of  this  Act  shall  prohibit  the  trans- 
portation and  use  by  vessels  carrying  passengers  or 
freight  for  hire  of  gasoline  or  any  of  the  products  of 
petroleum  for  the  operation  of  engines  to  supply  an 
auxiliary  lighting  and  wireless  system  independent  of  the 
vessel's  main  power  plant:  Provided  further,  That  the 


PART  VIII.— OFFICERS   OF   MERCHANT  VESSELS.  155 

transportation  or  use  of  such  gasoline  or  any  of  the  prod- 
ucts of  petroleum  shall  be  under  such  regulations  as 
shall  be  prescribed  by  the  Board  of  Supervising  Inspec- 
tors, with  the  approval  of  the  Secretary  of  Commerce. 

Section  forty-four  hundred  and  seventy-two  of  the  Re-  nkrS  b^isis. 
vised  Statutes  of  the  United  States  of  America  be,  and 
the  same  is  hereby,  amended  by  adding  thereto  the  fol- 
lowing provision :  "  Provided,  however,  That  kerosene 
and  lubricating  oils  made  from  refined  products  of  petro- 
leum which  will  stand  a  fire  test  of  not  less  than  three 
hundred  degrees  Fahrenheit  may  be  used  as  stores  on 
board  steamers  carrying  passengers,  under  such  regula- 
tions as  shall  be  prescribed  by  the  Board  of  Supervising 
Inspectors  with  the  approval  of  the  Secretary  of  Com- 
merce." 

Every  bale  of  cotton  or  hemp  that  shall  be  shipped  or    R-  s-  4473- 
carried  on  any  passenger-steamer,  without  conforming  to 
the  provisions  of  the  preceding  section,  shall  be  subject 
to  a  penalty  of  five  dollars,  and  shall  be  liable  to  seizure 
and  sale  to  secure  the  payment  of  such  penalty. 

The  Secretary  of  Commerce  may  grant  permission  to  ^bs •,144>4i*'03# 
the  owner  of  any  steam- vessel,  to  use  any  invention  or  sec.'  10.' 
process  for  the  utilization  of  petroleum  or  other  mineral 
oils  or  substances  in  the  production  of  motive-power,  and 
may  make  and  enforce  regulations  concerning  the  appli- 
cation and  use  of  the  same  for  such  purpose.  But  no 
such  permission  shall  be  granted,  unless  upon  the  certifi- 
cate of  the  supervising  inspector  of  steamboats  for  the 
district  wherein  such  vessel  is  registered,  and  other  satis- 
factory proof  that  the  use  of  the  same  is  safe  and  efficient ; 
and  upon  such  proof,  and  the  approval  of  such  certificate 
by  the  Secretary  of  Commerce,  a  special  license  for  the 
use  of  such  process  or  invention  shall  issue  under  the  seal 
of  the  Department  of  Commerce. 

The  Secretary  of  Commerce  may  permit  the  use  of  Feb.  it',  Hot. 
petroleum  as  fuel  on  steamers  not  carrying  passengers,  Sec-  10- 
without  the  certificate  of  the  supervising  inspector  of  the 
district  where  the  vessel  is  to  be  used,  subject  to  such  con- 
ditions and  safeguards  as  the  Secretary  of  Commerce  in 
his  judgment  shall  provide.  For  a  violation  of  any  of 
the  conditions  imposed  by  the  Secretary  of  Commerce 
a  penalty  of  five  hundred  dollars  shall  be  imposed,  which 
penalty  shall  be  a  lien  upon  the  vessel,  but  a  bond  may,  as 
provided  in  other  cases,  be  given  to  secure  the  satisfaction 
of  the  judgment. 

Provided  further,  That  when  crude  petroleum  of  a  Ju,y  17,  1914- 
flash  point  not  less  than  one  hundred  and  fifty  degrees 
Fahrenheit,  is  carried  in  the  double-bottom  fuel  tanks  of 
steamers  using  the  same  for  fuel,  the  crude  petroleum  car- 
ried in  such  tanks  in  excess  of  the  necessities  of  the  voy- 
age may  be  discharged  at  terminal  ports  when  no  passen- 
gers are  on  board  the  ship.  Crude  petroleum  carried  and 
discharged  under  these  conditions  will  not  be  considered 


156  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

stores  or  cargo  within  the  contemplation  of  section  forty- 
four  hundred  and  seventy-two,  Revised  Statutes  of  the 
United  States. 
r.  s.,  4475.  ^jj  gunpowder,  nitro-glycerine,  camphene,  naphtha, 
benzine,  benzole,  coal-oil,  crude  or  refined  petroleum,  oil 
of  vitriol,  nitric  or  other  chemical  acids,  oil  or  spirits  of 
turpentine,  friction-matches,  and  all  other  articles  of  like 
character,  when  packed  or  put  up  for  shipment,  shall  be 
securely  packed  and  put  up  separately  from  each  other 
and  from  all  other  articles;  and  the  package,  box,  cask, 
or  other  vessel  containing  the  same  shall  be  distinctly 
marked  on  the  outside,  with  the  name  or  description  of 
the  article  contained  therein. 
seac?  234.190ff"  I*  Bbapl  be  unlawful  to  transport,  carry,  or  convey, 
liquid  nitroglycerin,  fulminate  in  bulk  in  dry  condition, 
or  other  like  explosive,  between  a  place  in  a  foreign  coun- 
try and  a  place  within  or  subject  to  the  jurisdiction  of  the 
United  States,  or  between  a  place  in  one  State,  Territory, 
or  District  of  the  United  States,  or  place  noncontiguous 
to  but  subject  to  the  jurisdiction  thereof,  and  a  place  in 
any  other  State,  Territory,  or  District  of  the  United 
States,  or  place  noncontiguous  to  but  subject  to  the  juris- 
diction thereof,  on  any  vessel  or  vehicle  of  any  descrip- 
tion operated  by  a  common  carrier  in  the  transportation 
of  passengers  or  articles  of  commerce  by  land  or  water. 
r.  s.,  4476.  Every  person  who  packs  or  puts  up,  or  causes  to  be 
packed  or  put  up  for  shipment,  any  gunpowder,  nitro- 
glycerine, camphene,  naphtha,  benzine,  benzole,  coal-oil, 
crude  or  refined  petroleum,  oil  of  vitriol,  nitric  or  other 
chemical  acids,  oil  or  spirits  of  turpentine,  friction- 
matches,  or  other  articles  of  like  character  otherwise  than 
as  directed  by  the  preceding  section,  or  who  knowingly 
ships  or  attempts  to  ship  the  same,  or  delivers  the  same 
to  any  such  vessels  as  stores  unless  duly  packed  and 
marked,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
punished  by  a  fine  not  exceeding  two  thousand  dollars,  or 
imprisonment  not  exceeding  eighteen  months,  or  both; 
one-half  of  the  fine  to  go  to  the  informer,  and  the  articles 
to  be  liable  to  seizure  and  forfeiture. 
s".' 235.1909'  Every  package  containing  explosives  or  other  danger- 
Repeals  k.  s  ,  ous  articles  when  presented  to  a  common  carrier  for  ship- 
6353,  5354.  ment  shall  have  plainly  marked  on  the  outside  thereof 
the  contents  thereof;  and  it  shall  be  unlawful  for  any 
person  to  deliver,  or  cause  to  be  delivered,  to  any  com- 
mon carrier  engaged  in  interstate  or  foreign  commerce  by 
land  or  water,  for  interstate  or  foreign  transportation,  or 
to  carry  upon  any  vessel  or  vehicle  engaged  in  interstate 
or  foreign  transportation,  any  explosive,  or  other  dan- 
gerous article,  under  any  false  or  deceptive  marking,  de- 
scription, invoice,  shipping  order,  or  other  declaration, 
or  without  informing  the  agent  of  such  carrier  of  the 
true  character  thereof,  at  or  before  the  time  such  delivery 
or  carriage  is  made.     Whoever  shall  knowingly  violate, 


PART   VIII. OFFICERS   OF    MERCHANT  VESSELS.  157 

or  cause  to  be  violated,  any  provision  of  this  section,  or 
of  the  three  sections  last  preceding,  or  any  regulation 
made  by  the  Interstate  Commerce  Commission  in  pursu- 
ance thereof,  shall  be  fined  not  more  than  two  thousand 
dollars,  or  imprisoned  not  more  than  eighteen  months,  or 
both.  .      _     „,fi 

When  the  death  or  bodily  injury  of  any  person  is  bec-  iM- 
caused  by  the  explosion  of  any  article  named  in  the  four 
sections  last  preceding,  while  the  same  is  being  placed 
upon  any  vessel  or  vehicle  to  be  transported  in  violation 
thereof/ or  while  the  same  is  being  so  transported,  or 
while  the  same  is  being  removed  from  such  vessel  or 
vehicle,  the  person  knowingly  placing,  or  aiding  or  per- 
mitting the  placing,  of  such  articles  upon  any  such  vessel 
or  vehicle,  to  be  so  transported,  shall  be  imprisoned  not 
more  than  ten  years.  Mar  4  1909 

It  shall  be  unlawful  to  transport,  carry,  or  convey,  any  Sec.'232. 
dynamite,  gunpowder,  or  other  explosive,  between  a  place 
in  a  foreign  country  and  a  place  within  or  subject  to  the 
jurisdiction  of  the  United  States,  or  between  a  place  in 
any  State,  Territory,  or  District  of  the  United  States, 
or  place  noncontiguous  to  but  subject  to  the  jurisdic- 
tion thereof,  and  a  place  in  any  other  State,  Territory, 
or  District  of  the  United  States,  or  place  noncontiguous 
to  but  subject  to  the  jurisdiction  thereof,  on  any  vessel 
or  vehicle  of  any  description  operated  by  a  common  car- 
rier, which  vessel  or  vehicle  is  carrying  passengers  for 
hire:  Provided,  That  it  shall  be  lawful  to  transport  on 
any  such  vessel  or  vehicle  small  arms  ammunition  in  any 
quantity,  and  such  fuses,  torpedoes,  rockets,  or  other  sig- 
nal devices,  as  may  be  essential  to  promote  safety  in  oper- 
ation, and  properly  packed  and  marked  samples  of  ex- 
plosives for  laboratory  examination,  not  exceeding  a  net 
weight  of  one-half  pound  each  and  not  exceeding  twenty 
samples  at  one  time  in  a  single  vessel  or  vehicle ;  but  such 
samples  shall  not  be  carried  in  that  part  of  a  vessel  or 
vehicle  which  is  intended  for  the  transportation  of  pas- 
sengers for  hire :  Provided  further,  That  nothing  in  this 
section  shall  be  construed  to  prevent  the  transportation 
of  military  or  naval  forces  with  their  accompanying 
munitions*' of  war  on  passenger  equipment  vessels  or 
vehicles. 

The  Interstate  Commerce  Commission  shall  formulate  |eeCpeffs3-R  s 
regulations  for  the  safe  transportation  of  explosives,  5355. 
which  shall  be  binding  upon  all  common  carriers  engaged 
in  interstate  or  foreign  commerce  which  transport  ex- 
plosives by  land.  Said  commission,  of  its  own  motion, 
or  upon  application  made  by  any  interested  party,  may 
make  changes  or  modifications  in  such  regulations,  made 
desirable  by  new  information  or  altered  conditions.  Such 
regulations  shall  be  in  accord  with  the  best  known  prac- 
ticable means  for  securing  safety  in  transit,  covering 
the  packing,  marking,  loading,  handling  while  in  transit, 


158  NAVIGATION"   LAWS   OF   THE   UNITED   STATES. 

and  the  precautions  necessary  to  determine  whether  the 
material  when  offered  is  in  proper  condition  to  transport. 
Such  regulations,  as  well  as  all  changes  or  modifications 
thereof,  shall  take  effect  ninety  days  after  their  formula- 
tion and  publication  by  said  commission  and  shall  be  in 
effect  until  reversed,  set  aside,  or  modified. 
r.  s.(  4278.  jt  gnajj  not  i^  ]awfui  tQ  transport,  carry,  or  convey, 
ship,  deliver  on  board,  or  cause  to  be  delivered  on  board, 
the  substance  or  article  known  or  designated  as  nitro- 
glycerine, ^  or  glynoin  oil,  nitroleum  or  blasting  oil,  or 
nitrated  oil,  or  powder  mixed  with  any  such  oil,  or  fiber 
saturated  with  any  such  article,  or  substance,  upon  or  in 
any  vessel  or  vehicle  used  or  employed  in  transporting 
passengers  oy  land  or  water  between  a  place  in  any  for- 
eign country  and  a  place  within  the  limits  of  any  State, 
Territory,  or  district  of  the  United  States,  or  between  a 
place  in  one  State,  Territory,  or  district  of  the  United 
States,  and  a  place  in  any  other  State,  Territory,  or  dis- 
trict thereof. 
r.  s.,  4279.  jt  shall  not  be  lawful  to  ship,  send,  or  forward  any 
quantity  of  the  substances  or  articles  named  in  the  pre- 
ceding section,  or  to  transport,  convey,  or  carry  the  same 
by  a  vessel  or  vehicle  of  any  description,  upon  land  or 
water,  between  a  place  in  a  foreign  country  and  a  place 
within  the  United  States,  or  between  a  place  in  one  State, 
Territory,  or  district  of  the  United  States,  and  a  place  in 
any  other  State,  Territory,  or  district  thereof,  unless  the 
same  shall  be  securely  enclosed,  deposited,  or  packed  in  a 
metallic  vessel  surrounded  by  plaster  of  Paris,  or  other 
material  that  will  be  non-explosive  when  saturated  with 
such  oil  or  substance,  and  separate  from  all  other  sub- 
stances, and  the  outside  of  the  package  containing  the 
same  be  marked,  printed,  or  labeled  in  a  conspicuous  man- 
ner with  the  words  "  Xitro-glycerine,  dangerous." 

The  two  preceding  sections  shall  not  be  so  construed  as 
to  prevent  any  State,  Territory,  district,  city,  or  town 
within  the  United  States  from  regulating  or  from  prohib- 
iting the  traffic  in  or  transportation  of  those  substances, 
between  persons  or  places  lying  or  being  within  their  re- 
spective territorial  limits,  or  from  prohibiting  the  intro- 
duction thereof  into  such  limits,  for  sale,  use,  or  con- 
sumption therein. 
146.   Carriage  of  passengers. 

The  board  of  local  inspectors  shall  state  in  every  cer- 
tificate of  inspection  granted  to  vessels  carrying  passen- 
gers, other  than  ferryboats,  the  number  of  passengers  of 
each  class  that  any  such  vessel  has  accommodation  for 
and  can  carry  with  prudence  and  safety.  They  shall  re- 
port their  action  to  the  supervising  inspector  of  the  dis- 
trict, who  may  at  any  time  order  the  number  of  such 
passengers  decreased,  giving  his  reasons  therefor  in  writ- 
ing, and  thereupon  the  board  of  local  inspectors  shall 
change  the  certificate  of  inspection  of  such  vessel  to  con- 


R.    S.,   4280. 


R.   S.,   4465. 
Feb.   14,   1917. 
Sec.   2. 


PART  VIII. OFFICERS   OF   MERCHANT  VESSELS.  159 

form  with  the  decision  of  the  supervising  inspector. 
Whenever  the  allowance  of  passengers  shall  be  increased 
by  any  board  of  local  inspectors  such  increase  shall  be 
reported  to  the  supervising  inspector  of  the  district,  to- 
gether with  the  reasons  therefor,  and  such  increase  shall 
not  become  effective  until  the  same  has  been  approved  in 
writing  by  the  supervising  inspector. 

It  shall  not  be  lawful  to  take  on  board  of  any  vessel  a 
greater  number  of  passengers  than  is  stated  in  the  certifi- 
cate of  inspection,  and  for  every  violation  of  this  pro- 
vision the  master  or  owner  shall  be  liable  to  any  person 
suing  for  the  same  to  forfeit  the  amount  of  passage 
money  and  $10  for  each  passenger  beyond  the  number 
allowed. 

The  master  or  owner  of  the  vessel,  or  either  or  any  of 
them,  who  shall  knowingly  violate  this  provision  shail  be 
liable  to  a  fine  of  not  more  than  $100  or  imprisonment  of 
not  more  than  thirty  days,  or  both. 

Any  steam  vessel  engaged  in  the  business  of  towing  Jg  & ^JSoi. 
vessels,  rafts,  or  water  craft  of  any  kind,  also  steam  ves- 
sels engaged  in  oyster  dredging  and  planting,  and  fishing 
steamers  engaged  in  food  fishing  on  the  Great  Lakes  and 
all  other  inland  waters  of  the  United  States,  and  not  car- 
rying passengers,  may  be  authorized  and  licensed  by  the 
supervising  inspector  of  the  district  in  which  said  steamer 
shall  be  employed  to  carry  on  board  such  number  of  per- 
sons, in  addition  to  its  crew,  as  the  supervising  inspector, 
in  his  judgment,  shall  deem  necessary  to  carry  on  the 
legitimate  business  of  such  towing,  oyster  and  fishing 
steamers,  not  exceeding,  however,  one  person  to  every 
net  ton  of  measurement  of  said  steamers :  Provided,  how- 
ever, That  the  person  so  allowed  to  be  carried  shall  not 
be  carried  for  hire. 

Every  steam- vessel  licensed  under  the  foregoing  section     Ifj  £'  1886- 
shall  carry  and  have  on  board,  in  accessible  places,  one 
life-preserver  for  every  person  allowed  to  be  carried,  in 
addition  to  those  provided  for  the  crew  of  such  vessel. 

If  any  passenger  vessel  engages  in  excursions,  the  FebS"i44,4i9i7. 
board  of  local  inspectors  shall  issue  to  such  vessel  a  Sec-  3-  ' 
special  permit,  in  writing,  for  the  occasion,  in  which 
shall  be  stated  the  additional  number  of  passengers  that 
may  be  carried  and  the  number  and  kind  of  life-saving 
appliances  that  shall  be  provided  for  the  safety  of  such 
additional  passengers;  and  they  shall  also,  in  their  dis- 
cretion, limit  the  route  and  distance  for  such  excursions: 
Provided,  however,  That  the  issuance  of  such  special 
permit  shall  be  reported  by  the  board  of  local  inspectors 
to  the  supervising  inspector  of  the  district,  and  such 
special  permit  shall  not  be  effective  until  approved  by  the 
said  supervising  inspector. 

The  master  of  every  passenger  steamer  shall  keep  a    Ma^'2844i908 
correct  count  of  all  the  passengers  received  and  delivered    sec!  3.  ' 
from  day  to  day,  which  count  shall  be  open  to  the  inspec- 


160  NAVIGATION   LAWS  OF  THE   UNITED  STATES. 

tion  of  the  inspectors  and  officers  of  the  customs  at  all 
times,  and  the  aggregate  number  of  passengers  shall  be 
furnished  to  inspectors  as  often  as  called  for :  Provided, 
however,  That  a  correct  list  of  passengers  received  and 
delivered  from  day  to  day  shall  be  kept,  instead  of  a  cor- 
rect count,  by  the  masters  of  seagoing  passenger  steamers 
in  the  coastwise  trade  and  by  the  masters  of  passenger 
steamers  on  the  Great  Lakes  on  routes  exceeding  three 
hundred  miles :  Provided  further,  That  nothing  herein 
shall  affect  existing  laws  relative  to  vessels  running  be- 
tween this  country  and  foreign  ports. 
MayS"28l4i908.  Every  master  of  any  passenger  steamer  who  fails, 
sec.  4.  through  negligence  or  design,  to  keep  a  count  or  list  of 

passengers  as  required  by  the  preceding  section  shall  be 
liable  to  a  penalty  of  one  hundred  dollars. 
r.  s.,  4469.  rpjle  pengfities  imposed  by  sections  forty-four  hundred 
and  sixty-five  and  forty-four  hundred  and  sixty-eight 
shall  be  a  lien  upon  the  vessel  in  each  case;  but  a  bond 
may,  as  provided  in  other  cases,  be  given  to  secure  the 
satisfaction  of  the  judgment. 
147.  Certificate  of  inspection. 

June"ii4,4i906.  When  the  inspection  of  a  steam  vessel  is  completed 
Ma"6  2l'  "a  and  the  inspectors  approve  the  vessel  and  her  equipment 
sec.  i.'  throughout,  they  shall  make  and  subscribe  a  certificate, 

which  certificate  shall  be  verified  by  the  oaths  of  the 
inspectors  signing  it,  before  the  chief  officer  of  the  cus- 
toms of  the  district  or  any  other  person  competent  by 
law  to  administer  oaths.  Such  certificate  shall  be  deliv- 
ered to  the  master  or  owner  of  the  vessel  to  which  it  re- 
lates, and  one  copy  thereof  shall  be  kept  on  file  in  the 
inspectors'  office  and  one  copy  shall  be  delivered  to  the 
collector  or  other  chief  officer  of  the  customs  of  the  dis- 
trict in  which  such  inspection  has  been  made,  who  shall 
keep  the  same  on  file  in  his  office.  If  the  inspectors  refuse 
to  grant  a  certificate  of  approval  they  shall  make  a  state- 
ment in  writing  and  sign  the  same,  giving  the  reasons 
for  their  disapproval.  Upon  such  inspection  and  ap- 
proval the  inspectors  shall  also  make  and  subscribe  a 
temporary  certificate,  which  shall  set  forth  substantially 
the  fact  of  such  inspection  and  approval,  and  shall  de- 
liver the  same  to  the  master  or  owner  of  the  vessel  and 
shall  keep  a  copy  thereof  on  file  in  their  office.  The  said 
temporary  certificate  shall  be  carried  and  exposed  by 
vessels  in  the  same  manner  as  is  provided  in  section 
forty-four  hundred  and  twenty-three  for  the  regular  cer- 
tificate, and  the  form  thereof  and  the  period  during 
which  it  is  to  be  in  force  shall  be  as  prescribed  by  the 
board  of  supervising  inspectors,  or  the  executive  com- 
mittee thereof,  as  provided  in  section  forty-four  hundred 
and  five.  And  such  temporary  certificate,  during  such 
period  and  prior  to  the  delivery  to  the  master  or  owner 
of  the  regular  certificate,  shall  take  the  place  of  and  be 
a  substitute  for  the  regular  certificate  of  inspection,  as  re- 


PAKT  VIII. OFFICERS   OF   MERCHANT   VESSELS.  161 

quired  by  this  section  and  by  section  forty-four  hundred 
and  twenty-six,  and  for  the  purposes  of  said  sections. 
Such  temporary  certificate  shall  also  be  subject  to  revo- 
cation in  the  manner  and  under  the  conditions  provided 
in  section  forty-four  hundred  and  fifty-three.  No  vessel 
required  to  be  inspected  under  the  provisions  of  this  title 
shall  be  navigated  without  having  on  board  an  unexpired 
regular  certificate  of  inspection  or  such  temporary  cer- 
tificate: Provided,  however,  That  any  such  vessel  oper- 
ated upon  a  regularly  established  line  from  a  port  of  the 
United  States  to  a  port  of  a  foreign  country  not  contigu- 
ous to  the  United  States  whose  certificate  of  inspection 
expires  at  sea  or  while  said  vessel  is  in  a  foreign  port  or 
a  port  of  the  Philippine  Islands  or  Hawaii  may  lawfully 
complete  her  voyage  without  the  regular  certificate  of 
inspection  or  the  temporary  certificate  required  by  this 
section,  and  no  liability  for  penalties  imposed  by  this 
title  for  want  of  such  certificate  shall  be  incurred  until 
her  voyage  shall  have  been  completed:  Provided,  That 
said  voyage  shall  be  so  completed  within  thirty  days  after 
the  expiration  of  said  certificate  or  temporary  certificate : 
Provided  further,  That  no  such  vessel  whose  certificate 
of  inspection  shall  expire  within  fifteen  days  of  the  date 
of  her  sailing  shall  proceed  upon  her  voyage  to  such 
port  of  a  foreign  country  not  contiguous  to  the  United 
States  without  first  having  procured  a  new  certificate  of 
inspection  or  the  temporary  certificate  required  by  this 
section. 

The  original  certificate  of  inspection  delivered  to  the    Mars'34423r 
master  or  owner  of  a  steam  vessel  shall  be  placed  by  such    kel' V 
master  or  owner  in  a  conspicuous  place  in  the  vessel    $££'£'  1915' 
where  it  will  be  most  likely  to  be  observed  by  passengers 
and  others,  and  there  kept  at  all  times,  framed  under 
glass,  as  evidence  of  the  authority  thereby  conferred: 
Provided,  however,  That  where  it  is  not  practicable  to  so 
expose  said  certificate,  it  shall  be  carried  in  the  vessel  in 
such  manner  as  shall  be  prescribed  by  the  regulations 
established  by  the  board  of  supervising  inspectors  with 
the  approval  of  the  Secretary  of  Commerce. 

Whenever  any  passenger  is  received  on  board  any  R-  s-'/42Q4 
steam  vessel  not  having  an  unexpired  certificate  of  ap-  sic!'/ 
proval  or  an  unexpired  temporary  certificate  of  approval 
placed  and  kept  as  required  by  this  title,  or  whenever 
any  passenger  steam  vessel  receives  or  carries  any  gun- 
powder on  board,  not  having  a  certificate  authorizing 
the  same,  placed  and  kept  as  required,  or  shall  carry  any 
gunpowder  at  a  place  or  in  a  manner  not  authorized  by 
such  certificate,  such  steam  vessel  shall  be  liable  to  a 
penalty  of  $100  for  each  offense. 

148.   Exhibit  of  laws. 

Every  master,  or  commander  of  any  steam  vessel  car- 
rying passengers  shall  keep  on  board  of  such  vessel  at 
least  two  copies  of  the  provisions  of  this  Title  [E,  S., 
143562°— 19 11 


Mar.   4,   1915. 


162  NAVIGATION   LAWS   OF   THE    UNITED   STATES. 

K"i"' 1903- 4399-4500],  to  be  furnished  to  him  by  the  Secretary  of 
Commerce,  and  if  the  master  or  commander  neglects  or 
refuses  to  do  so,  or  shall  unreasonably  refuse  to  exhibit 
a  copy  of  the  same  to  any  passenger  who  asks  for  it,  he 
shall  be  liable  to  a  penalty  of  twenty  dollars. 
149.  Inspectors  and  officers  of  steam  vessels. 

r.  s.,  4406.  Each  supervising  inspector  shall  watch  over  all  parts  of 
the  territory  assigned  to  him,  shall  visit,  confer  with,  and 
examine  into  the  doings  of  the  local  boards  of  inspectors 
within  his  district,  and  shall  instruct  them  in  the  proper 
performance  of  their  duties;  and  shall,  whenever  he 
thinks  it  expedient,  visit  any  vessels  licensed,  and  exam- 
ine into  their  condition,  for  the  purpose  of  ascertaining 
whether  the  provisions  of  this  Title  [R.  S.,  4399-4500] 
have  been  observed,  and  complied  with,  both  by  the  board 
of  inspectors  and  the  master  and  owners.  All  masters, 
engineers,  mates,  and  pilots  of  such  vessels  shall  answer 
all  reasonable  inquiries,  and  shall  give  all  the  informa- 
tion in  their  power  in  regard  to  any  such  vessel  so  visited, 
and  her  machinery  for  steaming,  and  the  manner  of  man- 
aging both. 

r.  s.,  4407.  Whenever  a  supervising  inspector  ascertains  to  his  sat- 
isfaction that  any  master,  mate,  engineer,  pilot,  or  owner 
of  any  steam-vessel  fails  to  perform  his  duties  according 
to  the  provisions  of  this  Title  [R.  S.,  4399-4500],  he  shall 
report  the  facts  in  writing  to  the  board  of  local  inspectors 
in  the  district  where  the  vessel  was  inspected  or  belongs ; 
and,  if  need  be,  he  shall  cause  the  negligent  or  offending 
party  to  be  prosecuted ;  and  if  the  supervising  inspector 
has  good  reason  to  believe  there  has  been,  through  negli- 
gence or  any  other  cause,  a  failure  of  the  board  which 
inspected  the  vessel  to  do  its  duty,  he  shall  report  the 

|eb.  i4,  1903.  facts  in  writing  to  the  Secretary  of  Commerce  who  shall 
cause  immediate  investigation  into  the  truth  of  the  com- 
plaint, and,  if  he  deems  the  cause  sufficient,  shall  remove 
any  officer  found  delinquent. 

it.  s.,  4447.  When  any  licensed  officer  is  employed  on  a  steamer  in  a 
district  distant  from  any  local  board  of  inspectors,  such 
inspectors,  or  the  supervising  inspector  of  the  district, 
may  grant  a  renewal  of  his  license,  without  such  licensed 
officer  being  personally  present,  under  such  regulations  as 
the  board  of  supervising  inspectors  shall  prescribe. 

5J?"  s 4  wi6  -^  °fficers  licensed  under  the  provisions  of  this  title 
[R.  S.,  4399-4500]  shall  assist  the  inspectors  in  their  ex- 
amination of  any  vessel  to  which  such  licensed  officers 
belong  and  shall  point  out  all  defects  and  imperfections 
known  to  them  in  the  hull,  equipments,  boilers,  or  ma- 
chinery of  such  vessel,  and  shall  also  make  known  to  the 
inspectors  at  the  earliest  opportunity  all  accidents  or 
occurrences  producing  serious  injury  to  the  vessel,  her 
equipments,  boilers,  or  machinery,  and  in  default  thereof 
the  license  of  any  such  officer  so  neglecting  or  refusing 
shall  be  suspended  or  revoked. 


R.   S.,  4449. 
Mar.   3,   1905. 
Sec.  5. 
Mar.   3,  1915. 


PART  VIII. INSPECTION    OF    STEAM    VESSELS.  163 

No  inspector  or  supervising  inspector  receiving  infor- 
mation from  a  licensed  officer  who  is  employed  on  any 
vessel  as  to  defects  in  such  vessel,  or  her  equipments, 
boilers,  or  machinery,  or  that  any  provision  of  this  title 
is  being  violated,  shall  impart  the  name  of  such  licensed 
officer,  or  the  source  of  his  information,  to  any  person 
other  than  his  superiors  in  the  Steamboat-Inspection 
Service.  Any  inspector  or  supervising  inspector  vio- 
lating this  provision  shall  be  subject  to  dismissal  from 
the  service. 

If  any  licensed  officer  shall,  to  the  hindrance  of  com- 
merce, wrongfully  or  unreasonably  refuse  to  perform  his 
official  duties  after  having  signed  articles  or  while  em- 
ployed on  any  vessel  as  authorized  by  the  terms  of  his 
certificate  of  license,  or  if  any  pilot  or  engineer  shall 
refuse  to  admit  into  the  pilot  house  or  engine  room  any 
person  whom  the  master  or  owner  of  the  vessel  may  de- 
sire to  place  there  for  the  purpose  of  learning  the  pro- 
fession, his  license  shall  be  revoked  or  suspended  upon 
the  same  proceedings  as  are  provided  in  other  cases  of 
revocation  or  suspension  of  such  license. 

The  local  boards  of  inspectors  shall  investigate  all  acts 
of  incompetency  or  misconduct  committed  by  any  licensed 
officer  while  acting  under  the  authority  of  his  license,  and 
shall  have  power  to  summon  before  them  any  witnesses 
within  their  respective  districts,  and  compel  their  attend- 
ance by  a  similar  process  as  in  the  United  States  district 
courts;  and  they  may  administer  all  necessary  oaths  to 
any  witnesses  thus  summoned  before  them;  and  after 
reasonable  notice  in  writing,  given  to  the  alleged  delin- 
quent, of  the  time  and  place  of  such  investigation,  such 
witnesses  shall  be  examined,  under  oath,  touching  the 
performance  of  his  duties  by  any  such  licensed  officer; 
and  if  the  board  shall  be  satisfied  that  such  licensed 
officer  is  incompetent,  or  has  been  guilty  of  misbehavior, 
negligence,  or  unskill fulness,  or  has  endangered  life,  or 
willfully  violated  any  provision  of  this  Title  [R.  S., 
4399-4500],  they  shall  immediately  suspend  or  revoke  his 
license. 
150.   Liability  for  damage. 

Whenever  damage  is  sustained  by  any  passenger,  or  his 
baggage,  from  explosion,  fire,  collision,  or  other  cause,  the 
master  and  the  owner  of  such  vessel,  or  either  of  them, 
and  the  vessel  shall  be  liable  to  each  and  every  person  so 
injured,  to  the  full  amount  of  damage,  if  it  happens 
through  anv  neglect,  or  failure  to  comply  with  the  pro- 
visions of  this  Title  [B.  S.,  4399-4500],  or* through  known 
defects,  or  imperfections  of  the  steam  apparatus  or  of  the 
hull;  and  any  person  sustaining  loss,  or  injury  through 
the  carelessness,  negligence,  or  willful  misconduct  of  any 
master,  mate,  engineer,  or  pilot,  or  his  neglect  or  refusal 
to  obey  the  laws  governing  the  navigation  of  such  steam- 


164  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

ers,  may  sue  such  master,  mate,  engineer,  or  pilot,  and 
recover  damages  for  any  such  injury  caused  by  any  such 
master,  mate,  engineer,  or  pilot. 

151.  Enforcement  and  penalty. 

r.  s.,  4496.  A11  collectors,  or  other  chief  officers  of  the  customs  and 
all  inspectors  within  the  several  districts,  shall  enforce 
the  provisions  of  this  Title  [E.  S.,  4399^500]  against  all 
steamers  arriving  and  departing. 

r.  s.,  4497.  Every  collector,  or  other  chief  officer  of  the  customs,  or 
inspector,  who  negligently,  or  intentionally  omits  any 
duty  under  the  preceding  section,  shall  be  liable  to  re- 
moval from  office,  and  to  a  penalty  of  one  hundred  dollars 
for  each  offense,  to  be  sued  for  in  an  action  of  debt. 

Mar!-3,44i9965.      If  any  vessel  propelled  in  whole  or  in  part  by  steam  be 

sec' 4.'  '  navigated  without  complying  with  the  terms  of  this  title 
[R.  S.,  4399-4500] ,  the  owner  shall  be  liable  to  the  United 
States  in  a  penalty  of  five  hundred  dollars  for  each 
offense,  one-half  for  the  use  of  the  informer,  for  which 
sum  the  vessel  so  navigated  shall  be  liable,  and  may  be 
seized  and  proceeded  against  by  way  of  libel  in  any  dis- 
trict court  of  the  United  States  having  jurisdiction  of  the 
offense.  Persons  or  corporations  chartering  or  engaging 
or  contracting  for  the  use  of  vessels  subject  to  this  title, 
under  such  terms  and  conditions  that  they  have  full  and 
exclusive  control  of  the  management  and  operation  of 
such  vessels,  shall  be  subject  to  the  same  penalties  for 
violations  of  the  provisions  of  this  title  [R.  S.,  4399-4500] 
as  are  now  imposed  upon  owners  of  vessels  thereunder, 
and  in  such  cases  the  owners  shall  not  be  liable  to  such 
penalties  for  such  violations  by  such  charterers  or  con- 
tractors. 

r.  s.,  45oo.  The  penajty  for  the  violation  of  any  provisions  of  this 
Title  [E.  S.,  4399-4500],  not  otherwise  specially  provided 
for,  shall  be  a  fine  of  five  hundred  dollars,  recoverable 
one-half  for  the  use  of  the  informer. 


Part  IX.— PASSENGER  ACT  OF  1882. 


152. 
153. 
154. 
155. 
156. 
157. 


Accommodations. 
Light  and  air. 
Provisions. 
Medical  attendance. 
Discipline  and  cleanl 
Privacy  of  passenger 


158.  Explosives;  cattle. 

159.  Boarding  vessel ;  passenger  list. 

160.  Death  of  passenger. 

161.  Inspection. 

162.  Penalties. 


152.  Accommodations. 

It  shall  not  be  lawful  for  the  master  of  any  vessel  Aug-  2^  1882. 
whereon  steerage  passengers  have  been  taken  at  any  port 
or  place  in  a  foreign  country  or  dominion  (ports  and 
places  in  foreign  territory  contiguous  to  the  United  States 
excepted)  to  bring  such  vessel  and  passengers  to  or  take 
from  any  port  or  place  in  the  United  States  unless,  the 
compartments,  spaces,  and  accommodations  hereinafter 
mentioned  have  been  provided,  allotted,  maintained,  and 
used  for  and  by  such  passengers  during  the  entire  voyage, 
unobstructed  by  cargo,  stores,  or  goods.  The  master  of  a 
vessel  coming  to  a  port  or  place  in  the  United  States  in 
violation  of  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor;  and  if  the  number  of 
steerage  passengers  carried  or  brought  in  the  vessel,  or  in 
any  compartment,  space,  poop,  or  deck  house  thereof,  is 
greater  than  the  number  allowed  to  be  carried  or  brought 
therein,  respectively,  as  hereinafter  prescribed,  the  said 
master  shall  be  fined  fifty  dollars  for  each  and  every  such 
passenger  in  excess  of  the  proper  number,  and  may  also 
be  imprisoned  not  exceeding  six  months. 

In  computing  the  number  of  passengers  carried  or 
brought  in  any  vessel,  children  under  one  year  of  age 
shall  not  be  included,  and  two  children  between  one  and 
eight  years  of  age  shall  be  counted  as  one  passenger ;  and 
any  person  brought  in  such  vessel  who  shall  have  been, 
during  the  voyage,  taken  from  any  other  vessel  wrecked 
or  in  distress  on  the  high  seas,  or  have  been  picked  up  at 
sea  from  any  boat,  raft,  or  otherwise,  shall  not  be  in- 
cluded in  such  computation. 

Second.  The  expression  "  steerage  passenger  "  means  all 
passengers  except  cabin  passengers,  and  persons  shall  not 

165 


166  NAVIGATION    LAWS   OF   THE   UNITED   STATES. 

be  deemed  cabin  passengers  unless  the  space  allotted  to 
their  exclusive  use  is  in  the  proportion  of  at  least  thirty- 
six  clear  superficial  feet  to  each  passenger. 

Third.  The  expression  "  lowest  passenger  deck  "  means 
the  deck  next  below  the  water  line;  and  the  expression 
"  passenger  deck "  includes  every  deck  or  portion  of  a 
deck  which  is  above  the  lowest  passenger  deck,  and  is 
appropriated  for  passengers. 

Fourth.  A  vessel  shall  not  carry  passengers,  whether 
cabin  or  steerage  passengers,  on  more  than  one  deck  below 
the  water  line. 

Fifth.  The  height  between  that  part  of  any  deck  on 
which  steerage  passengers  are  carried  and  the  deck  imme- 
diately above  it  shall  not  be  less  than  six  feet. 

Sixth.  No  steerage  passengers  shall  be  carried  on  the 
lowest  passenger  deck  unless  it  is  efficiently  lighted  by 
side  scuttles  and  otherwise  to  the  satisfaction  of  the 
inspector. 

Seventh.  No  greater  number  of  steerage  passengers 
shall  be  carried  on  the  lowest  passenger  deck  than  in  the 
proportion  of  one  steerage  passenger  to  every  twenty-one 
clear  superficial  feet  allotted  to  their  use.  If,  however, 
the  height  between  the  lowest  passenger  deck  and  the 
deck  immediately  above  it  is  less  than  seven  feet,  and  the 
apertures,  exclusive  of  side  scuttles,  through  which  light 
and  air  are  admitted  are  less  in  size  than  in  the  propor- 
tion of  three  square  feet  to  every  one  hundred  superficial 
feet  of  that  deck,  no  greater  number  of  steerage  pas- 
sengers shall  be  carried  on  that  deck  than  in  the  pro- 
portion of  one  steerage  passenger  to  every  thirty  clear 
superficial  feet  thereof,  subject  to  the  allowance  for  meas- 
urement of  public  rooms,  lavatories,  and  bath  rooms,  if 
any,  provided  for  by  paragraph  ten. 

Eighth.  No  greater  number  of  steerage  passengers  may 
be  carried  on  a  passenger  deck  than  in  the  proportion  of 
one  steerage  passenger  to  every  eighteen  clear  superficial 
feet  of  deck  allotted  to  their  use,  subject  to  the  allowance 
for  measurement  of  public  rooms,  lavatories,  and  bath 
rooms,  if  any,  provided  for  by  paragraph  ten.  If,  how- 
ever, the  height  between  any  passenger  deck  and  the  deck 
immediately  above  it  be  less  than  seven  feet,  no  greater 
number  of  steerage  passengers  may  be  carried  on  that 
deck  than  in  the  proportion  of  one  steerage  passenger  to 
every  twenty-one  clear  superficial  feet  thereof,  subject  to 
the  allowance  for  measurement  of  public  rooms,  lavatories, 
and  bath  rooms,  if  any,  provided  for  by  paragraph  ten. 

Ninth.  A  vessel,  whatever  be  the  superficial  space  of 
the  passenger  decks  and  of  the  lowest  passenger  deck, 
shall  not  carry  a  greater  number  of  steerage  passengers 
on  the  whole  than  in  the  proportion  of  one  steerage  pas- 
senger to  every  five  superficial  feet  of  air  or  promenade 
space  provided  on  a  deck  so  open  as  not  to  be  included  in 


Aug.  2,  1882. 


PART  IX. PASSENGER  ACT   OF   1882.  167 

the  tonnage  and  approved  by  the  inspector,  and  this 
space  shall  not  be  counted  or  included  in  the  area  avail- 
able for  any  other  passengers,  or  in  other  areas  for  steer- 
age passengers  prescribed  by  this  section. 

Tenth.  In  the  measurement  of  the  passenger  decks  and 
of  the  lowest  passenger  deck,  the  space  occupied  by  that 
part  of  the  personal  baggage  of  the  steerage  passengers 
which  the  inspector  permits  to  be  carried  there  shall  be 
included,  and  also,  on  whatever  deck  located,  commo- 
dious and  suitable  dining  rooms,  lounging  rooms,  smok- 
ing rooms,  lavatories,  toilet  rooms,  and  bath  rooms :  Pro- 
vided, That — 

(a)  The  space  in  any  place  appropriated  to  the  use  of 
steerage  passengers  in  which  they  sleep  shall  not  be  less 
than  eighteen  superficial  feet  in  the  case  of  the  lowest 
passenger  deck  and  fifteen  superficial  feet  in  the  case  of 
a  passenger  deck. 

(b)  Each  space  so  included  in  the  measurement  must 
be  clearly  marked  to  the  satisfaction  of  the  inspector  as 
being  exclusively  appropriated  for  the  use  of  the  steerage 
passengers. 

Eleventh.  Each  separate  compartment  in  which  steer- 
age passengers  are  berthed  shall  be  conspicuously  marked, 
showing  the  total  area  of  such  compartments. 

In  every  such  steamship  or  other  vessel  there  shall  be  a  gee 
sufficient  number  of  berths  for  the  proper  accommodation 
as  hereinafter  provided,  of  all  such  passengers.  There 
shall  not  be  on  any  deck  nor  in  any  compartment  or  space 
occupied  by  such  passengers  more  than  two  tiers  of  berths. 
The  berths  shall  be  properly  constructed,  and  be  separated 
from  each  other  by  partitions,  as  berths  ordinarily  are 
separated,  and  each  berth  shall  be  at  least  two  feet  in 
width  and  six  feet  in  length;  and  the  interval  between 
the  floor  or  lowest  part  of  the  lower  tier  of  berths  and  the 
deck  beneath  them  shall  not  be  less  than  six  inches,  nor 
the  interval  between  each  tier  of  berths,  and  the  interval 
between  the  uppermost  tier  and  the  deck  above  it,  less 
than  two  feet  six  inches ;  and  each  berth  shall  be  occupied 
by  not  more  than  one  passenger  over  eight  years  of  age; 
but  double  berths  of  twice  the  above-mentioned  width  may 
be  provided,  each  double  berth  to  be  occupied  by  no  more 
and  by  none  other  than  two  women,  or  by  one  woman  and 
two  children  under*  the  age  of  eight  years,  or  by  husband 
and  wife,  or  by  a  man  and  two  of  his  own  children  under 
the  age  of  eight  years,  or  by  two  men  personally  ac- 
quainted with  each  other.  All  the  male  passengers  up- 
wards of  fourteen  years  of  age  who  do  not  occupy  berths 
with  their  wives  shall  be  berthed  in  the  fore  part  of  the 
vessel,  in  a  compartment  divided  off  from  the  space  or 
spaces  appropriated  to  the  other  passengers  by  a  substan- 
tial and  well-secured  bulkhead;  and  unmarried  female 
passengers  shall  be  berthed  in  a  compartment  separated 


168  NAVIGATION   LAWS  OF   THE   UNITED  STATES. 

from  the  spaces  occupied  by  other  passengers  by  a  sub- 
stantial and  well-constructed  bulkhead,  the  opening  or 
communication  from  which  to  an  adjoining  passenger 
space  shall  be  so  constructed  that  it  can  be  closed  and 
secured.  Families,  however,  shall  not  be  separated  except 
with  their  consent.  Each  berth  shall  be  numbered  seri- 
ally, on  the  outside  berth-board,  according  to  the  number 
of  passengers  that  may  lawfully  occupy  the  berth;  and 
the  berths  occupied  by  such  passengers  shall  not  be  re- 
moved or  taken  down  until  the  expiration  of  twelve  hours 
from  the  time  of  entry,  unless  previously  inspected  within 
a  shorter  period.  For  any  violation  of  either  of  the  pro- 
visions of  this  section  the  master  of  the  vessel  shall  be 
liable  to  a  fine  of  five  dollars  for  each  passenger  carried 
or  brought  on  the  vessel. 
153.  Light  and  air. 
Sec.  3-  Every  such  steamship  or  other  vessel  shall  have  ade- 

quate provisions  for  affording  light  and  air  to  the  passen- 
ger-decks and  to  the  compartments  and  spaces  occupied  by 
such  passengers,  and  with  adequate  means  and  appliances 
for  ventilating  the  said  compartments  and  spaces.  To 
compartments  having  sufficient  space  for  fifty  or  more  of 
such  passengers  at  least  two  ventilators,  each  not  less  than 
twelve  inches  in  diameter,  shall  be  provided,  one  of  which 
ventilators  shall  be  inserted  in  the  forward  part  of  the 
compartment,  and  the  other  in  the  after  part  thereof,  and 
shall  be  so  constructed  as  to  ventilate  the  compartment; 
and  additional  ventilators  shall  be  provided  for  each  com- 
partment in  the  proportion  of  two  ventilators  for  each 
additional  fifty  of  such  passengers  carried  or  brought  in 
the  compartment.  All  ventilators  shall  be  carried  at  least 
six  feet  above  the  uppermost  deck  of  the  vessel,  and  shall 
be  of  the  most  approved  form  and  construction.  In  any 
steamship  the  ventilating  apparatus  provided,  or  any 
method  of  ventilation  adopted  thereon,  which  has  been 
approved  by  the  proper  emigration  officers  at  the  port  or 
place  from  which  said  vessel  was  cleared,  shall  be  deemed 
a  compliance  with  the  foregoing  provisions;  and  in  all 
vessels  carrying  or  bringing  such  passengers  there  shall 
be  property-constructed  hatchways  over  the  compartments 
or  spaces  occupied  by  such  passengers,  which  hatchway 
shall  be  properly  covered  with  houses  .or  booby  hatches, 
and  the  combings  or  sills  of  which  shall  rise  at  least  six 
inches  above  the  deck;  and  there  shall  be  proper  com- 
panion-ways or  ladders  from  each  hatchway  leading  to 
the  compartments  or  spaces  occupied  by  such  passengers ; 
and  the  said  companion-ways  or  ladders  shall  be  securely 
constructed,  and  be  provided  with  hand-rails  or  strong 
rope,  and,  when  the  weather  will  permit,  such  passengers 
shall  have  the  use  of  each  hatchway  situated  over  the  com- 
partments or  spaces  appropriated  to  their  use :  and  every 
vessel  carrying  or  bringing  such  passengers  shall  have  a 


PART  IX. PASSENGER  ACT   OF   1882.  169 

properly  located  and  constructed  caboose  and  cooking- 
range,  or  other  cooking  apparatus,  the  dimensions  and 
capacity  of  which  shall  be  sufficient  to  provide  for  prop- 
erly cooking  and  preparing  the  food  01  all  such  passen- 
gers. In  every  vessel  carrying  or  bringing  such  passen- 
gers there  shall  be  at  least  two  water-closets  or  privies, 
and  an  additional  water-closet  or  privy  for  every  one 
hundred  male  passengers  on  board,  for  the  exclusive  use 
of  such  male  passengers,  and  an  additional  water-closet  or 
privy  for  every  fifty  female  passengers  on  board,  for  the 
exclusive  use  of  the  female  passengers  and  young  chil- 
dren on  board.  The  aforesaid  water-closets  and  privies 
shall  be  properly  enclosed  and  located  on  each  side  of  the 
vessel,  and  shall  be  separated  from  passengers'  spaces  by 
substantial  and  properly-constructed  partitions  or  bulk- 
heads; and  the  water-closets  and  privies  shall  be  kept 
and  maintained  in  a  serviceable  and  cleanly  condition 
throughout  the  voyage.  For  any  violation  of  either  of 
the  provisions  of  this  section,  or  for  any  neglect  to  con- 
form to  the  requirements  thereof,  the  master  of  the  ves- 
sel shall  be  liable  to  a  penalty  not  exceeding  two  hundred 
and  fifty  dollars. 

154.  Provisions. 

An  allowance  of  good,  wholesome,  and  proper  food,  sec.  4. 
with  a  reasonable  quantity  of  fresh  provisions,  which  food 
shall  be  equal  in  value  to  one  and  a  half  navy  rations  of 
the  United  States,  and  of  fresh  water,  not  less  than  four 
quarts  per  day,  shall  be  furnished  each  of  such  passen- 
gers. Three  meals  shall  be  served  daily,  at  regular  and 
stated  hours,  of  which  hours  sufficient  notice  shall  be 
given.  If  any  such  passengers  shall  at  any  time  during 
the  voyage  be  put  on  short  allowance  for  food  and  water, 
the  master  of  the  vessel  shall  pay  to  each  passenger  three 
dollars  for  each  and  every  day  the  passenger  may  have 
been  put  on  short  allowance,  except  in  case  of  accidents, 
where  the  captain  is  obliged  to  put  the  passengers  on 
short  allowance.  Mothers  with  infants  and  young  chil- 
dren shall  be  furnished  the  necessary  quantity  of  whole- 
some milk  or  condensed  milk  for  the  sustenance  of  the 
latter.  Tables  and  seats  shall  be  provided  for  the  use  of 
passengers  at  regular  meals.  And  for  every  willful  viola- 
tion of  any  of  the  provisions  of  this  section  the  master  of 
the  vessel  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall  be  fined  not  more  than  five  hundred  dollars,  and  be 
imprisoned  for  a  term  not  exceeding  six  months.  The 
enforcement  of  this  penalty,  however,  shall  not  affect  the 
civil  responsibility  of  the  master  and  owners  of  the  vessel 
to  such  passengers  as  may  have  suffered  from  any  negli- 
gence, breach  of  contract,  or  default  on  the  part  of  such 
master  and  owners. 

155.  Medical  attendance. 

In  every  such  steamship  or  other  vessel  there  shall  be  Sec- 5- 
properly  built  and  secured,  or  divided  off  from  other 


170  NAVIGATION    LAWS   OF    THE    UNITED   STATES. 

spaces,  two  compartments  or  spaces  to  be  used  exclusively 
as  hospitals  for  such  passengers,  one  for  men  and  the 
other  for  women.  The  hospitals  shall  be  located  in  a  space 
not  below  the  deck  next  below  the  main  deck  of  the  vessel. 
The  hospital  spaces  shall  in  no  case  be  less  than  in  the 
proportion  of  eighteen  clear  superficial  feet  for  every  fifty 
such  passengers  who  are  carried  or  brought  on  the  vessel, 
and  such  hospitals  shall  be  supplied  with  proper  beds, 
bedding,  and  utensils,  and  be  kept  so  supplied  throughout 
the  voyage.  And  every  steamship  or  other  vessel  carry- 
ing or  bringing  emigrant  passengers,  or  passengers  other 
than  cabin  passengers,  exceeding  fifty  in  number,  shall 
carry  a  duly  qualified  and  competent  surgeon  or  medical 
practitioner,  who  shall  be  rated  as  such  in  the  ship's  arti- 
cles, and  who  shall  be  provided  with  surgical  instruments, 
medical  comforts,  and  medicines  proper  and  necessary  for 
diseases  and  accidents  incident  to  sea-voyages,  and  for  the 
proper  medical  treatment  of  such  passengers  during  the 
voyage,  and  with  such  articles  of  food  and  nourishment  as 
may  be  proper  and  necessary  for  preserving  the  health  of 
infants  and  young  children ;  and  the  services  of  such  sur- 
geon or  medical  practitioner  shall  be  promptly  given,  in 
any  case  of  sickness  or  disease,  to  any  of  the  passengers, 
or  to  any  infant  or  young  child  of  any  such  passengers, 
who  may  need  his  services.  For  a  violation  of  either  of 
the  provisions  of  this  section  the  master  of  the  vessel  shall 
be  liable  to  a  penalty  not  exceeding  two  hundred  and 
fifty  dollars. 

156.  Discipline  and  cleanliness. 
Sec-  6-  The  master  of  every  such  steamship  or  other  vessel  is 

authorized  to  maintain  good  discipline  and  such  habits 
of  cleanliness  among  such  passengers  as  will  tend  to  the 
preservation  and  promotion  of  health,  and  to  that  end  he 
shall  cause  such  regulations  as  he  may  adopt  for  such  pur- 
pose to  be  posted  up  on  board  the  vessel,  in  a  place  or 
places  accessible  to  such  passengers,  and  shall  keep  the 
same  so  posted  up  during  the  voyage.  The  said  master 
shall  cause  the  compartments  and  spaces  provided  for, 
or  occupied  by,  such  passengers  to  be  kept  at  all  times  in 
a  clean  and  healthy  condition,  and  to  be,  as  often  as  may 
be  necessary,  disinfected  with  chloride  of  lime,  or  by 
some  other  equally  efficient  disinfectant.  Whenever  the 
state  of  the  weather  will  permit,  such  passengers  and  their 
bedding  shall  be  mustered  on  deck,  and  a  clear  and  suffi- 
cient space  on  the  main  or  any  upper  deck  of  the  vessel 
shall  be  set  apart,  and  so  kept,  for  the  use  and  exercise 
of  such  passengers  during  the  voyage.  For  each  neglect 
or  violation  of  any  of  the  provisions  of  this  section  the 
master  of  the  vessel  shall  be  liable  to  a  penalty  not  ex- 
ceeding two  hundred  and  fifty  dollars. 


PART   IX. PASSENGER  ACT  OP   1882.  171 

157.  Privacy  of  passengers. 

Neither  the  officers,  seamen,  nor  other  persons  em-  Sec-  7< 
ployed  on  any  such  steamship  or  other  vessel  shall  visit 
or  frequent  any  part  of  the  vessel  provided  or  assigned 
to  the  use  of  such  passengers,  except  by  the  direction  or 
permission  of  the  master  of  such  vessel  first  made  or  given 
for  such  purpose ;  and  every  officer,  seaman,  or  other  per- 
son employed  on  board  of  such  vessel  who  shall  violate 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  may  be  fined  not  exceeding  one  hun- 
dred dollars,  and  be  imprisoned  not  exceeding  twenty 
days,  for  each  violation;  and  the  master  of  such  vessel 
who  directs  or  permits  any  officer,  seaman,  or  other  per- 
son employed  on  board  the  vessel  to  visit  or  frequent  any 
part  of  the  vessel  provided  for  or  assigned  to  the  use  of 
such  passengers,  or  the  compartments  or  spaces  occupied 
by  such  passengers,  except  for  the  purpose  of  doing  or 
performing  some  necessary  act  or  duty  as  an  officer,  sea- 
man, or  other  person  employed  on  board  of  the  vessel, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  may  be 
fined  not  more  than  one  hundred  dollars  for  each  time 
he  directs  or  permits  the  provisions  of  this  section  to  be 
violated.  A  copy  of  this  section,  written  or  printed  in 
the  language  or  principal  languages  of  the  passengers  on 
board,  shall,  by  or  under  the  direction  of  the  master  of 
the  vessel,  be  posted  in  a  conspicuous  place  on  the  fore- 
castle and  in  the  several  parts  of  the  vessel  provided  and 
assigned  for  the  use  of  such  passengers,  and  in  each  com- 
partment or  space  occupied  by  such  passengers,  and  the 
same  shall  be  kept  so  posted  during  the  voyage;  and  if 
the  said  master  neglects  so  to  do,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  fined  not  more  than 
one  hundred  dollars. 

158.  Explosives;  cattle. 

It  shall  not  be  lawful  to  take,  carry,  or  have  on  board  of  Sec-  8- 
any  such  steamship  or  other  vessel  any  nitro-glycerine, 
dynamite,  or  any  other  explosive  article  or  compound, 
nor  any  vitriol  or  like  acids,  nor  gunpowder,  except  for 
the  ship's  use,  nor  any  article  or  number  of  articles, 
whether  as  a  cargo  or  ballast,  which,  by  reason  of  the  na- 
ture or  quantity  or  mode  of  storage  thereof,  shall,  either 
singly  or  collectively,  be  likely  to  endanger  the  health  or 
lives  of  the  passengers  or  the  safety  of  the  vessel,  and 
horses,  cattle,  or  other  animals  taken  on  board  of  or 
brought  in  any  such  vessel  shall  not  be  carried  on  any 
deck  below  the  deck  on  which  passengers  are  berthed, 
nor  in  any  compartment  in  which  passengers  are  berthed, 
nor  in  any  adjoining  compartment  except  in  a  vessel 
built  of  iron,  and  of  which  the  compartments  are  divided 
off  by  water-tight  bulkheads  extending  to  the  upper  deck. 
For  every  violation  of  any  of  the  provisions  of  this  sec- 
tion the  master  of  the  vessel  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  fined  not  exceeding  one  thou- 
sand dollars,  and  be  imprisoned  for  a  period  not  exceed- 
ing one  year. 


172  NAVIGATION    LAWS   OF   THE   UNITED  STATES. 

159.  Boarding  vessel;  passenger  list. 

Sec-  9-  It  shall  not  be  lawful  for  the  master  of  any  such  steam- 

ship or  other  vessel,  not  in  distress,  after  the  arrival  of 
the  vessel  within  any  collection  district  of  the  United 
States,  to  allow  any  person  or  persons,  except  a  pilot, 
officer  of  the  customs,  or  health  officer,  agents  of  the  ves- 
sel, and  consuls,  to  come  on  board  of  the  vessel,  or  to 
leave  the  vessel,  until  the  vessel  has  been  taken  in  charge 
by  an  officer  of  the  customs,  nor,  after  charge  so  taken, 
without  leave  of  such  officer,  until  all  the  passengers, 
with  their  baggage,  have  been  duly  landed  from  the  ves- 

Feb.  9.  1905.  sel ;  and  on  the  arrival  of  any  such  steamship  or  other 
vessel  within  any  collection  district  of  the  United  States, 
the  master  shall  submit  for  inspection  to  the  officer  of 
customs  who  first  makes  demand  therefor,  and  shall  sub- 
sequently deliver  with  his  manifest  of  cargo  on  entry,  a 
correct  list,  signed  and  verified  on  oath  by  the  master,  of 
all  passengers  taken  on  board  the  vessel  at  any  foreign 
port  or  place,  specifying,  in  the  manner  to  be  prescribed 
from  time  to  time  by  the  Secretary  of  Commerce,  the 
name  of  each  passenger,  age  (if  a  child  of  eight  years  or 
under),  sex,  married  or  single,  location  of  compartment 
or  space  occupied  during  the  voyage  (if  the  passenger  be 
other  than  a  cabin  passenger),  whether  a  citizen  of  the 
United  States,  number  of  pieces  of  baggage,  and  if  any 
passenger  die  on  the  voyage  the  list  shall  specify  the 
name,  age,  and  cause  of  death  of  each  deceased  passenger. 
For  a  violation  of  either  of  the  provisions  of  this  section, 
or  for  permitting  or  neglecting  to  prevent  a  violation 
thereof,  the  master  of  the  vessel  shall  be  liable  to  a  fine 
not  exceeding  one  thousand  dollars. 

Mar.  31,  1900.      The  Secretary  of  Commerce  is  hereby  authorized  and 

sic.'  io.'  19°3"  directed  to  prescribe  from  time  to  time  and  enforce  regu- 
lations governing  the  boarding  of  vessels  arriving  at  the 
seaports  of  the  United  States,  before  such  vessels  have 
been  properly  inspected  and  placed  in  security,  and  for 
that  purpose  to  employ  any  of  the  officers  of  that  Depart- 
ment. 

Mar.  3i,  1900.  Each  person  violating  such  regulations  shall  be  subject 
to  a  penalty  of  not  more  than  one  hundred  dollars  or 
imprisonment  not  to  exceed  six  months,  or  both,  in  the 
discretion  of  the  court. 

See.  3.  This  Act  shall  be  construed  as  supplementary  to  sec- 

tion nine  of  chapter  three  hundred  and  seventy-four  of 
the  Statutes  of  eighteen  hundred  and  eighty-two,  and 
section  forty-six  hundred  and  six  of  the  Revised  Statutes. 

May  i,  1874.  Each  and  every  collector  of  customs  to  whom  shall  be 
delivered  the  manifests  or  lists  of  passengers  prescribed 
by  the  twelfth  section  of  the  act  aforesaid,  approved 
March  third,  eighteen  hundred  and  fifty-five,  shall  make 

sic'  io '  1903'  returns  f rom  sncn  manifests  or  lists  of  passengers  to  the 
Secretary  of  Commerce  of  the  United  States,  in  such 
manner  as  shall  be  prescribed  by  that  officer,  under  whose 


PART  IX. PASSENGER   ACT   OF   1882.  173 

direction  statements  of  the  same  shall  be  prepared  and 
published. 

160.  Death,  of  passenger. 

In  case  there  shall  have  occurred  on  board  any  such  s£c'i6  1882- 
steamship  or  other  vessel  any  death  among  such  passen- 
gers during  the  voyage,  the  master  or  consignees  of  the 
vessel  shall,  within  forty-eight  hours  after  the  arrival  of 
the  vessel  within  a  collection  district  of  the  United  States, 
or  within  twenty- four  hours  after  the  entry  of  the  vessel, 
pay  to  the  collector  of  customs  of  such  district  the  sum  of 
ten  dollars  for  each  and  every  such  passenger  above  the 
age  of  eight  years  who  shall  have  died  on  the  voyage  by 
natural  disease ;  and  the  master  or  consignees  of  any  ves- 
sel who  neglect  or  refuse  to  pay  such  collector,  within  the 
times  hereinbefore  prescribed,  the  sums  of  money  afore- 
said, shall  be  liable  to  a  penalty  of  fifty  dollars  in  addi- 
tion to  the  sum  required  to  be  paid  as  aforesaid  for  each 
passenger  whose  death  occurred  on  the  voyage.  All  sums 
of  money  paid  to  any  collector  under  the  provisions  of 
this  section  shall  be  by  him  paid  into  the  Treasury  of  the 
United  States  in  such  manner  and  under  such  regulations 
as  shall  be  prescribed  by  the  Secretary  of  the  Treasury. 

161.  Inspection. 

The  collector  of  customs  of  the  collection  district  sec  11. 
within  which,  or  the  surveyor  of  the  port  at  which,  any 
such  steamship  or  other  vessel  arrives,  shall  direct  an 
inspector  or  other  officer  of  the  customs  to  make  an  exami- 
nation of  the  vessel,  and  to  admeasure  the  compartments 
or  spaces  occupied  by  the  emigrant  passengers,  or  pas- 
sengers other  than  cabin  passengers,  during  the  voyage; 
and  such  measurement  shall  be  made  in  the  manner  pro- 
vided by  law  for  admeasuring  vessels  for  tonnage;  and  to 
compare  the  number  of  such  passengers  found  on  board 
with  the  list  of  such  passengers  furnished  by  the  master 
to  the  customs  officer;  and  the  said  inspector  or  other 
officer  shall  make  a  report  to  the  aforesaid  collector  or 
surveyor,  stating  the  port  of  departure,  the  time  of  sail- 
ing, the  length  of  the  voyage,  the  ventilation,  the  number 
of  such  passengers  on  board  the  vessel,  and  their  native 
country,  respectively;  the  cubic  quantity  of  each  com- 
partment or  space,  and  the  number  of  berths  and  passen- 
gers in  each  space,  the  kind  and  quality  of  the  food  fur- 
nished to  such  passengers  on  the  voyage;  the  number  of 
deaths,  and  the  age  and  sex  of  those  who  died  during  the 
voyage,  and  of  what  disease;  and  in  case  there  was  any 
unusual  sickness  or  mortality  during  the  voyage,  to  re- 
port whether  the  same  was  caused  by  any  neglect  or  viola- 
tion of  the  provisions  of  this  act,  or  by  the  want  of 
proper  care  against  disease  by  the  master  or  owners  of  the 
vessel;  and  the  said  reports  shall  be  forwarded  to  the 
Secretary  of  Commerce  at  such  times  and  in  such  manner  Feb.  14,  1903. 
as  he  shall  direct.  Sec-  10' 


174  NAVIGATION    LAWS   OF    THE    UNITED   STATES. 

162.  Penalties.  s 

sec8'  12. 1882'  The  provisions  of  tliis  act  shall  apply  to  every  steam- 
ship or  other  vessel  whereon  emigrant  passengers,  or 
passengers  other  than  cabin  passengers,  are  taken  on  board 
at  a  port  or  place  in  the  United  States  for  conveyance  to 
any  port  or  place  in  a  foreign  country  except  foreign  ter- 
ritory contiguous  to  the  United  States,  and  shall  also 
apply  to  any  vessel  whereon  such  passengers  are  taken  on 
board  at  any  port  or  place  of  the  United  States  on  the 
Atlantic  Ocean  or  its  tributaries  for  conveyance  to  a  port 
or  place  on  the  Pacific  Ocean  or  its  tributaries,  or  vice 
versa ;  and  whether  the  voyage  of  said  vessel  is  to  be  con- 
tinuous from  port  to  port  or  such  passengers  are  to  be 
conveyed  from  port  to  port  in  part  by  the  way  of  any 
overland  route  through  Mexico  or  Central  America ;  and 
the  said  collector  of  customs  may  direct  an  examination  of 
the  vessel  to  be  made  by  an  inspector  or  other  officer  of  the 
customs,  who  shall  make  the  examination  and  report 
whether  the  provisions  of  this  act  have  been  complied 
with  in  respect  to  such  vessel,  and  the  said  collector  is 
authorized  to  withhold  the  clearance  of  such  vessel  until 
the  coming  in  of  such  report ;  and  if  the  said  report  shall 
show  that  any  of  the  provisions  of  this  act  have  not  been 
complied  with,  the  collector  is  authorized  and  directed  to 
withhold  the  clearance  of  such  vessel  until  the  said  pro- 
visions are  complied  with;  and  if  any  such  vessel  leaves 
the  aforesaid  port  or  place  without  having  been  duly 
cleared  by  the  collector  of  customs,  the  master  shall  be 
deemed  guilty  of  a  misdemeanor,  and  may  be  fined  not 
exceeding  one  thousand  dollars,  and  be  imprisoned  not 
exceeding  one  year,  and  the  vessel  shall  be  liable  to  seizure 
and  forfeiture. 

sec.  13.  The  amount  of  the  several  fines  and  penalties  imposed 

by  any  section  of  this  act  upon  the  master  of  any  steam- 
ship or  other  vessel  carrying  or  bringing  emigrant  passen- 
gers, or  passengers  other  than  cabin  passengers,  for  any 
violation  of  the  provisions  of  this  act,  shall  be  liens  upon 
such  vessel,  and  such  vessel  may  be  libeled  therefor  in  any 
district  court  of  the  United  States  where  such  vessel  shall 
arrive  or  depart. 


Part  X.— GENERAL  PILOT  LAWS. 


163.  General  pilot  laws. 

Until  further  provision  is  made  by  Congress,  all  pilots  R- s-  4235- 
in  the  bays,  inlets,  rivers,  harbors,  and  ports  of  the  United 
States  shall  continue  to  be  regulated  in  conformity  with 
the  existing  laws  of  the  States  respectively  wherein  such 
pilots  may  be,  or  with  such  laws  as  the  States  may  respec- 
tively enact  for  the  purpose. 

The  master  of  any  vessel  coming  into  or  going  out  of  R-  s-» 4236- 
any  port  situate  upon  waters  which  are  the  boundary 
between  two  States,  may  employ  any  pilot  duly  licensed 
or  authorized  by  the  laws  of  either  of  the  States  bounded 
on  such  waters,  to  pilot  the  vessel  to  or  from  such  port. 

No  regulations  or  provisions  shall  be  adopted  by  any  R-  s.,  4237. 
State  which  shall  make  any  discrimination  in  the  rate  of 
pilotage  or  half  pilotage  between  vessels  sailing  between 
the  ports  of  one  State  and  vessels  sailing  between  the 
ports  of  different  States,  or  any  discrimination  against 
vessels  propelled  in  whole  or  in  part  by  steam,  or  against 
national  vessels  of  the  United  States;  and  all  existing 
regulations  or  provisions  making  any  such  discrimination 
are  annulled  and  abrogated. 

No  State  or  municipal  government  shall  impose  upon  R-  s-» 4444- 
pilots  of  steam-vessels  any  obligation  to  procure  a  State 
or  other  license  in  addition  to  that  issued  by  the  United 
States,  or  any  other  regulation  which  will  impede  such 
pilots  in  the  performance  of  the  duties  required  by  this 
Title  [R,  S.,  4399-4500] ;  nor  shall  any  pilot-charges  be 
levied  by  any  such  authority  upon  any  steamer  piloted 
as  provided  by  this  Title;  and  in  no  case  shall  the  fees 
charged  for  the  pilotage  of  any  steam-vessel  exceed  the 
customary  or  legally  established  rates  in  the  State  where 
the  same  is  performed.  Nothing  in  this  Title  shall  be 
construed  to  annul  or  affect  any  regulation  established  by 
the  laws  of  any  State,  requiring  vessels  entering  or  leav- 
ing a  port  in  any  such  State,  other  than  coastwise  steam- 
vessels,  to  take  a  pilot  duly  licensed  or  authorized  by  the 
laws  of  such  State,  or  of  a  State  situate  upon  the  waters 
of  such  State. 

All  coastwise  sea-going  vessels,  and  vessels  navigating  r.  s.,  4401. 
the  great  lakes,  shall  be  subject  to  the  navigation  laws  of 
the  United  States,  when  navigating  within  the  jurisdic- 

175 


176  NAVIGATION    LAWS   OF   THE   UNITED   STATES. 

Feb'  89'i895°-  ^on  thereof ;  and  all  vessels,  propelled  in  whole  or  in  part 
June  7,  1897.  by  steam,  and  navigating  as  aforesaid,  shall  be  subject  to 
all  the  rules  and  regulations  established  in  pursuance  of 
law  for  the  government  of  steam-vessels  in  passing,  as 
provided  by  this  Title  [R.  S.,  4399^500] ;  and  every 
coastwise  sea-going  steam- vessel  subject  to  the  navigation 
laws  of  the  United  States,  and  to  the  rules  and  regula- 
tions aforesaid,  not  sailing  under  register,  shall,  when 
under  way,  except  on  the  high  seas,  be  under  the  control 
and  direction  of  pilots  licensed  by  the  inspectors  of 
steamboats. 


Part  XI.— TONNAGE  TAX. 


164.  Rates  of  tax.  168.  Light     money     (in     exceptional 

165.  Exemptions  from  tonnage  tax.  cases). 

165(a).  Philippine  vessels.  169.  Consular  tonnage  charges. 

166.  Discriminating  tonnage  taxes.  170.  Refund  of  tonnage  tax. 

167.  Alien   tonnage   taxes    (in   excep- 

tional cases). 

164.  Rates  of  tax. 

Nothing  contained  in  this  Title  [K.  S.,  4131-4305]  R.s.,4227. 
shall  be  deemed  in  anywise  to  impair  any  rights  and  privi- 
leges which  have  been  or  may  be  acquired  by  any  foreign 
nation  under  the  laws  and  treaties  of  the  United  States 
relative  to  the  duty  on  tonnage  of  vessels,  or  any  other 
duty  on  vessels. 

A  tonnage  duty  of  two  cents  per  ton,  not  to  exceed  in  ^ne|6igo|4- 
the  aggregate  ten  cents  per  ton  in  any  one  year,  is  hereby  sec/se. 
imposed  at  each  entry  on  all  vessels  which  shall  be  entered 
in  any  port  of  the  United  States  from  any  foreign  port 
or  place  in  North  America,  Central  America,  the  West 
India  Islands,  the  Bahama  Islands,  the  Bermuda  Islands, 
or  the  coast  of  South  America  bordering  on  the  Carib- 
bean Sea,  or  Newfoundland,  and  a  duty  of  six  cents  per 
ton,  not  to  exceed  thirty  cents  per  ton  per  annum,  is 
hereby  imposed  at  each  entry  on  all  vessels  which  shall 
be  entered  in  any  port  of  the  United  States  from  any 
other  foreign  port,  not,  however,  to  include  vessels  in  dis- 
tress or  not  engaged  in  trade. 

This  section  shall  not  be  construed  to  amend  or  repeal 
section  twenty-seven  hundred  and  ninety-two  of  the 
Revised  Statutes  as  amended  by  section  one  of  chapter 
two  hundred  and  twelve  of  the  laws  of  nineteen  hundred 
and  eight,  approved  May  twenty-eighth,  nineteen  hun- 
dred and  eight,  or  section  five  of  the  said  chapter  two 
hundred  and  twelve  of  the  laws  of  nineteen  hundred  and 
eight,  or  section  twenty-seven  hundred  and  ninety-three 
of  the  Revised  Statutes. 

Section  forty-two  hundred  and  thirty-two  of  the  Re- 
vised Statutes,  and  sections  eleven  and  twelve  of  chapter 
four  hundred  and  twenty-one  of  the  laws  of  eighteen  hun- 
dred and  eighty-six,  approved  June  nineteenth,  eighteen 
hundred  and  eighty-six,  and  so  much  of  section  forty-two 
hundred  and  nineteen  of  the  Revised  Statutes  as  conflicts 
with  this  section,  are  hereby  repealed. 

165.  Exemptions  from  tonnage  tax. 

No  vessel  belonging  to  any  citizen  of  the  United  States,  R-  s>  422°- 
trading  from  one  port  within  the  United  States  to  another 


143562°— 19- 


177 


178  NAVIGATION   LAWS  OF   THE   UNITED  STATES. 

port  within  the  United  Stales,  or  employed  in  the  bank, 
whale,  or  other  fisheries,  shall  be  subject  to  tonnage  tax 
or  duty,  if  such  vessel  be  licensed,  registered  or  enrolled. 

r.  s.,  4221.  In  cases  of  vessels  making  regular  daily  trips  between 
any  port  of  the  United  States  and  any  port  in  the  Do- 
minion of  Canada,  wholly  upon  interior  waters  not  navi- 
gable to  the  ocean,  no  tonnage  or  clearance  fees  shall  be 
charged  against  such  vessel  by  the  officers  of  the  United 
States,  except  upon  the  first  clearing  of  such  vessel  in 
each  year. 

Mar.  s,  1910.  Vessels  entering  otherwise  than  by  sea  from  a  foreign 
port  at  which  tonnage  or  light-house  dues  or  other  equiva- 
lent tax  or  taxes  are  not  imposed  on  vessels  of  the  United 
States  shall  be  exempt  from  the  tonnage  duty  of  two 
cents  per  ton,  not  to  exceed  in  the  aggregate  ten  cents  per 
ton  in  any  one  year,  prescribed  by  section  thirty-six  of 
the  Act  approved  August  fifth,  nineteen  hundred  and 
nine,  entitled  "An  Act  to  provide  revenue,  equalize  duties, 
and  encourage  the  industries  of  the  United  States,  and 
for  other  purposes." 

165  (a).  Philippine  vessels. 
July  i,  1916.  Vessels  owned  by  citizens  of  the  Philippine  Islands 
and  documented  as  such  by  the  government  of  said  islands 
shall  hereafter  be  exempt  in  ports  of  the  United  States 
from  payment  of  tonnage  taxes  and  light  dues;  and  the 
Secretary  of  the  Treasury  is  hereby  authorized,  upon 
certification  by  the  Commissioner  of  Navigation,  to  re- 
fund, out  of  any  money  in  the  Treasury  not  otherwise 
appropriated,  tonnage  taxes  and  light  dues  imposed  upon 
vessels  owned  and  documented  as  aforesaid  entering  ports 
of  the  United  States  since  August  first,  nineteen  hundred 
and  fourteen :  Provided,  That  nothing  contained  herein 
shall  be  construed  as  exempting  said  vessels  from  any 
taxes  or  dues  imposed  by  the  government  of  the  Philip- 
pine Islands. 

166.  Discriminating  tonnage  taxes. 
r.  s.,  4228.  Upon  satisfactory  proof  being  given  to  the  President, 
by  the  government  of  any  foreign  nation,  that  no  discrim- 
inating duties  of  tonnage  or  imposts  are. imposed  or  levied 
in  the  ports  of  such  nation  upon  vessels  wholly  belonging 
to  citizens  of  the  United  States,  or  upon  the  produce, 
manufactures,  or  merchandise  imported  in  the  same  from 
the  United  States  or  from  any  foreign  country,  the  Presi- 
dent may  issue  his  proclamation,  declaring  that  the  for- 
eign discriminating  duties  of  tonnage  and  impost  within 
the  United  States  are  suspended  and  discontinued,  so  far 
as  respects  the  vessels  of  such  foreign  nation,  and  the 
produce,  manufactures,  or  merchandise  imported  into  the 
United  States  from  such  foreign  nation,  or  from  any 
other  foreign  country;  the  suspension  to  take  effect  from 
the  time  of  such  notification  being  given  to  the  President, 
and  to  continue  so  long  as  the  reciprocal  exemption  of 


PART    XI. TONNAGE    TAX.  179 

vessels,  belonging  to  citizens  of  the  United  States,  and 
their  cargoes,  shall  be  continued,  and  no  longer. 

Prodded,  That  the  President  is  authorized  to  suspend  July  24,  1897- 
in  part  the  operation  of  sections  forty-two  hundred  and 
nineteen  and  twenty-five  hundred  and  two  so  that  foreign 
vessels  from  a  country  imposing  partial  discriminating 
tonnage  duties  upon  American  vessels,  or  partial  discrim- 
inating import  duties  upon  American  merchandise,  may 
enjoy  in  our  ports  the  identical  privileges  which  the  same 
class  of  American  vessels  and  merchandise  may  enjoy  in 
said  foreign  country. 

No  other  or  higher  rate  of  duties  shall  be  imposed  or    R-  s-  4229- 
collected  on  vessels  of  Prussia,  or  of  her  dominions,  from 
whencesoever  coming,  nor  on  their  cargoes,  howsoever 
composed,  than  are  or  may  be  payable  on  vessels  of  the 
United  States,  and  their  cargoes. 

The  preceding  section  shall  continue  and  be  in  force  R-  s--  mo- 
during  the  time  that  the  equality  for  which  it  provides 
shall,  in  all  respects,  be  reciprocated  in  the  ports  of 
Prussia  and  her  dominions ;  and  if  at  any  time  hereafter 
the  equality  shall  not  be  reciprocated  in  the  ports  of 
Prussia  and  her  dominions  the  President  may  issue  his 
proclamation,  declaring  that  fact,  and  thereupon  the  sec- 
tion preceding  shall  cease  to  be  in  force. 

From  Spanish  vessels  coming  from  any  port  or  place  in  R-  s-  42S1- 
Spain  or  her  colonies,  where  no  discriminating  or  coun- 
tervailing duties  on  tonnage  are  levied  upon  vessels  of  the 
United  States,  or  from  any  other  port  or  place  to  and 
with  which  vessels  of  the  United  States  are  ordinarily 
permitted  to  go  and  trade,  there  shall  be  exacted  in  the 
ports  of  the  United  States  no  other  or  greater  duty  on 
tonnage  than  at  the  time  may  be  exacted  of  vessels  of  the 
United  States. 
167.  Alien  tonnage  taxes  (in  exceptional  cases). 

Upon  vessels  which  shall  be  entered  in  the  United  iLy'^isbT. 
States  from  any  foreign  port  or  place  there  shall  be  paid  of  <f^ ^  **■,** 
duties  as  follows:  On  vessels  built  within  the  United 
States  but  belonging  wholly  or  in  part  to  subjects  of  for- 
eign powers,  at  the  rate  of  30  cents  per  ton;  on  other 
vessels  not  of  the  United  States,  at  the  rate  of  50  cents 
per  ton.  Upon  every  vessel  not  of  the  United  States, 
which  shall  be  entered  in  one  district  from  another  dis- 
trict, having  on  board  goods,  wares,  or  merchandise  taken 
in  one  district  to  be  delivered  in  another  district,  duties 
shall  be  paid  at  the  rate  of  50  cents  per  ton.  Nothing  in 
this  section  shall  be  deemed  in  any  wise  to  impair  anr 
rights  or  privileges  which  have  been  or  may  be  acquired 
by  any  foreign  nation  under  the  laws  and  treaties  of  the 
United  States  relative  to  the  duty  of  tonnage  on  vessels. 
On  nil  foreign  vessels  which  shall  be  entered  in  the 
United  States  from  any  foreign  port  or  place,  to  and  with 
which  vessels  of  the  United  States  are  not  ordinarily  per- 


180  NAVIGATION  LAWS   OF   THE   UNITED  STATES. 

mitted  to  enter  and  trade,  there  shall  be  paid  a  duty  at 
the  rate  of  two  dollars  per  ton:  and  none  of  the  duties 
on  tonnage  above  mentioned  shall  be  levied  on  the  vessels 
of  any  foreign  nation  if  the  President  of  the  United 
States  shall  be  satisfied  that  the  discriminating  or  coun- 
tervailing duties  of  such  foreign  nations,  so  far  as  they 
operate  to  the  disadvantage  of  the  United  States,  have 
been  abolished ;  *  *  *  and  any  rights  or  privileges  ac- 
quired by  any  foreign  nation  under  the  laws  and  treaties 
of  the  United  States  relative  to  the  duty  of  tonnage  on 
vessels  shall  not  be  impaired;  and  any  vessel  any  officer 
of  which  shall  not  be  a  citizen  of  the  United  States,  shall 
pay  a  tax  of  fifty  cents  per  ton. 

168.  Light  money  (in  exceptional  cases). 

TseepA272,5kct  ^  duty  of  fifty  cents  per  ton.  to  be  denominated  "  light 
of  siar.  i,  1915.)  money,"  shall  be  levied  and  collected  on  all  Vessels  not  of 
the  United  States,  which  may  enter  the  ports  of  the 
United  States.  Such  light-money  shall  be  levied  and  col- 
lected in  the  same  manner  and  under  the  same  regulations 
as  the  tonnage  duties. 

r.  s.,  4226.  The  preceding  section  shall  not  be  deemed  to  operate 
upon  unregistered  vessels,  owned  by  citizens  of  the  United 
States,  and  carrying  a  sea-letter,  or  other  regular  docu- 
ment, issued  from  a  custom-house  of  the  United  States, 
proving  the  vessel  to  be  American  property.  Upon  the 
entry  of  every  such  vessel  from  any  foreign  port,  if  the 
same  shall  be  at  the  port  at  which  the  owner  or  any  of 
the  part  owners  reside,  such  owner  or  part  owners  shall 
make  oath  that  the  sea-letter  or  other  regular  document 
possessed  by  such  vessel  contains  the  name  or  names  of  all 
the  persons  who  are  then  the  owners  of  the  vessel ;  or  if 
any  part  of  such  vessel  has  been  sold  or  transferred  since 
the  date  of  such  sea-letter  or  document,  that  such  is  the 
case,  and  that  no  foreign  subject  or  citizen  has,  to  the 
best  of  his  knowledge  and  belief,  any  share,  by  way  of 
trust,  confidence  or  otherwise,  in  such  vessel.  If  the 
owner  or  any  part  owner  does  not  reside  at  the  port  or 
place  at  which  such  vessel  shall  enter,  then  the  master 
shall  make  oath  to  the  like  effect.  If  the  owner  or  part 
owner,  where  there  is  one,  or  the  master,  where  there  is 
no  owner,  shall  refuse  to  so  swear,  such  vessel  shall  not 
be  entitled  to  the  privileges  granted  by  this  section. 

169.  Consular  tonnage  charges. 

r.  s.,  4222.  No  consul  or  consular  agent  of  the  United  States  shall 
■exact  tonnage  fees  from  any  vessel  of  the  United  States, 
touching  at  or  near  ports  in  Canada,  on  her  regular  voy- 
age from  one  port  to  another  within  the  United  States, 
unless  such  consul  or  consular  agent  shall  perform  some 
official  services,  required  by  law  for  such  vessel,  when  she 
shall  thus  touch  at  a  Canadian  port. 


PART    XI. TONNAGE    TAX.  181 

170.   Refund  of  tonnage  tax. 

Whenever  any  fine,  penalty,  forfeiture,  exaction,  or  Jj^g'  1884" 
charge  arising  under  the  laws  relating  to  vessels  or  sea- 
men has  been  paid  to  any  collector  of  customs  or  consular 
officer,  and  application* has  been  made  within  one  year 
from  such  payment  for  the  refunding  or  remission  of  the 
same,  the  Secretary  of  Commerce,  if  on  investigation  he  |^b;  ™-  1903- 
finds  that  such  fine,  penalty,  forfeiture,  exaction,  or 
charge  was  illegally,  improperly,  or  excessively  imposed, 
shall  have  the  power,  either  before  or  after  the  same  has 
been  covered  into  the  Treasury,  to  refund  so  much  of 
such  fine,  penalty,  forfeiture,  exaction,  or  charge  as  he 
may  think  proper,  from  any  moneys  in  the  Treasury  not 
otherwise  appropriated. 

On  all  questions  of  interpretation     *     *     *     relating    ^  .j'-  1884- 
to  the  collection  of  tonnage  tax,  and  to  the  refund  of 
such   tax    when   collected   erroneously   or   illegally,   his 
[Commissioner  of  Navigation]  decision  shall  be  final. 


Part  XII.— DISCRIMINATION  AND  RETALIATION. 


171.  Discrimination  against  American   I  175.  Vessels    of    nations    not    assimi- 


vessels. 

172.  Discrimination  against  American 

fishing  vessels. 

173.  Discrimination   against    products 

of  the  United  States. 

174.  Discrimination       on       Cauadiau 

canals. 


la  ted    by    treaty    to    American 

vessels. 
176.  Discriminating  duties. 
176(a).  Retaliation       (revenue      act, 
Sept.  8.  1916). 


171.  Discrimination  against  American,  vessels. 

Whenever  any  foreign  country  whose  vessels  have  been  J^e°e  ffi  1886- 
placed  on  the  same  footing  in  the  ports  of  the  United 
States  as  American  vessels  (the  coastwise  trade  excepted) 
shall  deny  to  any  vessel  of  the  United  States  any  of  the 
commercial  privileges  accorded  to  national  vessels  in  the 
harbors,  ports,  or  waters  of  such  foreign  country,  the 
President,  on  receiving  satisfactory  information  of  the 
continuance  of  such  discriminations  against  anj^  vessels  of 
the  United  States,  is  hereby  authorized  to  issue  his  proc- 
lamation excluding,  on  and  after  such  time  as  he  may 
indicate,  from  the  exercise  of  such  commercial  privileges 
in  the  ports  of  the  United  States  as  are  denied  to  Ameri- 
can vessels  in  the  ports  of  such  foreign  country,  all  ves- 
sels of  such  foreign  country  of  a  similar  character  to  the 
vessels  of  the  United  States  thus  discriminated  against, 
and  suspending  such  concessions  previously  granted  to 
the  vessels  of  such  country;  and  on  and  after  the  date 
named  in  such  proclamation  for  it  to  take  effect,  if  the 
master,  officer,  or  agent  of  any  vessel  of  such  foreign 
country  excluded  by  said  proclamation  from  the  exercise 
of  any  commercial  privileges  shall  do  any  act  prohibited 
by  said  proclamation  in  the  ports,  harbors,  or  waters  of 
the  United  States  for  or  on  account  of  such  vessel,  such 
vessel,  and  its  rigging,  tackle,  furniture,  and  boats,  and 
all  the  goods  on  board,  shall  be  liable  to  seizure  and  to 
forfeiture  to  the  United  States ;  and  any  person  opposing 
any  officer  of  the  United  States  in  the  enforcement  of  this 
act,  or  aiding  and  abetting  any  other  person  in  such  oppo- 
sition, shall  forfeit  eight  hundred  dollars,  and  shall  be 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
liable  to  imprisonment  for  a  term  not  exceeding  two 
years. 

172.  Discrimination  against  American  fishing  vessels. 

Whenever  the  President  of  the  United  States  shall  be  M*r-  3»  1887- 
satisfied  that  American  fishing  vessels  or  American  fisher- 
men, visiting  or  being  in  the  waters  or  at  any  ports  or 

183 


184  NAVIGATION   LAWS   OP   THE   UNITED  STATES. 

places  of  the  British  Dominions  of  North  America,  are 
or  then  lately  have  been  denied  or  abridged  in  the  enjoy- 
ment of  any  rights  secured  to  them  by  treaty  or  law,  or 
are  or  then  lately  have  been  unjustly  vexed  or  harassed  in 
the  enjoyment  of  such  rights,  or  subjected  to  unreasonable 
restrictions,  regulations,  or  requirements  in  respect  of 
such  rights;  or  otherwise  unjustly  vexed  or  harassed  in 
said  waters,  ports,  or  places ; 

Or  whenever  the  President  of  the  United  States  shall 
be  satisfied  that  any  such  fishing  vessels  or  fishermen,  hav- 
ing a  permit  under  the  laws  of  the  United  States  to  touch 
and  trade  at  any  port  or  ports,  place  or  places,  in  the 
British  Dominions  of  Xorth  America,  are  or  then  lately 
have  been  denied  the  privilege  of  entering  such  port  or 
ports,  place  or  places,  in  the  same  manner  and  under  the 
same  regulations  as  may  exist  therein  applicable  to  trad- 
ing vessels  of  the  most  favored  nation,  or  shall  be  un- 
justly vexed  or  harassed,  in  respect  thereof,  or  otherwise 
be  unjustly  vexed  or  harassed  therein,  or  shall  be  pre- 
vented from  purchasing  such  supplies  as  may  there  be 
lawfully  sold  to  trading  vessels  of  the  most  favored 
nation ; 

Or  whenever  the  President  of  the  United  States  shall 
be  satisfied  that  any  other  vessels  of  the  United  States, 
their  masters  or  crews,  so  arriving  at  or  being  in  such 
British  waters  or  ports  or  places  of  the  British  Dominions 
of  North  America,  are  or  then  lately  have  been  denied  any 
of  the  privileges  therein  accorded  to  the  vessels,  their 
masters  or  crews,  of  the  most  favored  nation,  or  unjustly 
vexed  or  harassed  in  respect  to  the  same,  or  unjustly 
vexed  or  harassed  therein  by  the  authorities  thereof,  then, 
and  in  either  or  all  of  such  cases : 

It  shall  be  lawful,  and  it  shall  be  the  duty  of  the  Presi- 
dent of  the  United  States,  in  his  discretion,  by  proclama- 
tion to  that  effect,  to  deny  vessels,  their  masters  and  crews, 
of  the  British  Dominions  of  North  America,  any  entrance 
into  the  waters,  ports,  or  places  of,  or  within  the  United 
States  (with  such  exceptions  in  regard  to  vessels  in  dis- 
tress, stress  of  weather,  or  needing  supplies  as  to  the 
President  shall  seem  proper) ,  whether  such  vessels  shall 
have  come  directly  from  said  dominions  on  such  destined 
voyage  or  by  way  of  some  port  or  place  in  such  destined 
voyage  elsewhere,  and  also  to  deny  entry  into  any  port  or 
place  of  the  United  States  of  fresh  fish  or  salt  fish  or  any 
other  product  of  said  dominions,  or  other  goods  coming 
from  said  dominions  to  the  United  States. 

The  President  may,  in  his  discretion,  apply  such  procla- 
mation to  any  part  or  to  all  of  the  foregoing-named  sub- 
jects, and  may  revoke,  qualify,  limit,  and  renew  such 
proclamation  from  time  to  time  as  he  may  deem  necessary 
to  the  full  and  just  execution  of  the  purposes  of  this  act. 

Every  violation  of  any  such  proclamation,  or  any  part 
thereof,  is  hereby  declared  illegal,  and  all  vessels  and 


PART   XII. DISCRIMINATION    AND    RETALIATION.  185 

goods  so  coming  or  being  within  the  waters,  ports,  or 
places  of  the  United  States  contrary  to  such  proclamation 
shall  be  forfeited  to  the  United  States;  and  such  forfei- 
ture shall  be  enforced  and  proceeded  upon  in  the  same 
manner  and  with  the  same  effect  as  in  the  case  of  vessels 
or  goods  whose  importation  or  coming  to  or  being  in  the 
waters  or  ports  of  the  United  States  contrary  to  law  may 
now  be  enforced  and  proceeded  upon. 

Everv  person  who  shall  violate  any  of  the  provisions  of 
this  act,  or  such  proclamation  of  the  President  made  in 
pursuance  hereof,  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  on  conviction  thereof,  shall  be  punished  by 
a  fine  not  exceeding  one  thousand  dollars,  or  by  imprison- 
ment for  a  term  not  exceeding  two  years,  or  by  both  said 
punishments,  in  the  discretion  of  the  court. 

173.  Discrimination  against  products  of  the  United  States. 

Whenever  the  President  shall  be  satisfied  that  unjust  Aug.  30,  i89<x 
discriminations  are  made  by  or  under  the  authority  of  ' 
any  foreign  state  against  the  importation  to  or  sale 
in  such  foreign  state  of  any  product  of  the  United  States, 
he  may  direct  that  such  product  of  such  foreign  state 
so  discriminating  against  any  product  of  the  United 
States  as  he  may  deem  proper  shall  be  excluded  from  im- 
portation to  the  United  States;  and  in  such  case  he  shall 
make  proclamation  of  his  direction  in  the  premises,  and 
therein  name  the  time  when  such  direction  against  impor- 
tation shall  take  effect,  and  after  such  date  the  importa- 
tion of  the  articles  named  in  such  proclamation  shall  be 
unlawful.  The  President  may  at  any  time  revoke,  mod- 
ify, terminate,  or  renew  any  such  direction  as,  in  his 
opinion,  the  public  interest  may  require. 

174.  Discrimination  on  Canadian  canals. 

With  a  view  of  securing  reciprocal  advantages  for  the  July  26,  1892 
citizens,  ports,  and  vessels  of  the  United  States,  on  and 
after  the  first  day  of  August,  eighteen  hundred  and 
ninety-two,  whenever  and  so  often  as  the  President  shall 
be  satisfied  that  the  passage  through  any  canal  or  lock 
connected  with  the  navigation  of  the  Saint  Lawrence 
River,  the  Great  Lakes,  or  the  water  ways  connecting  the 
same,  of  any  vessels  of  the  United  States,  or  of  cargoes  or 
passengers  in  transit  to  any  port  of  the  United  States,  is 
prohibited  or  is  made  difficult  or  burdensome  by  the  im- 
position of  tolls  or  otherwise  which,  in  view  of  the  free 
passage  through  the  Saint  Marys  Falls  Canal,  now  per- 
mitted to  vessels  of  all  nations,  he  shall  deem  to  be  recip- 
rocally unjust  and  unreasonable,  he  shall  have  the  power, 
and  it  shall  be  his  duty,  to  suspend  by  proclamation  to 
that  effect,  for  such  time  and  to  such  extent  (including 
absolute  prohibition)  as  he  shall  deem  just,  the  right  of 
free  passage  through  the  Saint  Marys  Falls  Canal,  so  far 
as  it  relates  to  vessels  owned  by  the  subjects  of  the  gov- 


186*  NAVIGATION    LAWS   OF    THE   UNITED   STATES. 

eminent  .so  discriminating  against  the  citizens,  ports,  or 
vessels  of  the  United  States,  or  to  any  cargoes,  portions 
of  cargoes,  or  passengers  in  transit  to  the  ports  of  the 
government  making  such  discrimination,  whether  carried 
in  vessels  of  the  United  States  or  of  other  nations. 

In  such  case  and  during  such  suspension  tolls  shall  be 
levied,  collected,  and  paid  as  follows,  to  wit : 

Upon  freight  of  whatever  kind  or  description,  not  to 
exceed  two  dollars  per  ton ;  upon  passengers,  not  to  exceed 
five  dollars  each,  as  shall  be  from  time  to  time  determined 
by  the  President : 

Provided,  That  no  tolls  shall  be  charged  or  collected 
upon  freight  or  passengers  carried  to  and  landed  at 
Ogdensburg,  or  any  port  west  of  Ogdensburg.  and  south 
of  a  line  drawn  from  the  northern  boundary  of  the  State 
of  New  York  through  the  Saint  Lawrence  River,  the 
Great  Lakes,  and  their  connecting  channels  to  the  north- 
ern boundary  of  the  State  of  Minnesota. 
Feb  14  1903  ^^  *°^s  so  cnargecl  shall  be  collected  under  such  regu- 
sec.-  10'.  '  lations  as  shall  be  prescribed  by  the  Secretary  of  Com- 
merce, who  may  require  the  master  of  each  vessel  to  fur- 
nish a  sworn  statement  of  the  amount  and  kind  of  cargo 
and  the  number  of  passengers  carried  and  the  destination 
of  the  same,  and  such  proof  of  the  actual  delivery  of  such 
cargo  or  passengers  at  some  port  or  place  within  the  lim- 
its above  named  as  he  shall  deem  satisfactory ;  and  until 
such  proof  is  furnished  such  freight  and  passengers  may 
be  considered  to  have  been  landed  at  some  port  or  place 
outside  of  those  limits,  and  the  amount  of  tolls  which 
would  have  accrued  if  they  had  been  so  delivered  shall 
constitute  a  lien,  which  may  be  enforced  against  the  ves- 
sel in  default  wherever  and  whenever  found  in  the  waters 
of  the  United  States. 

175.  Vessels  of  nations  not  assimilated  by  treaty  to  American 
vessels. 

July" 24,9i 897.  -No  goods,  wares,  or  merchandise,  unless  in  cases  pro- 
sec  23.'  '  vided  for  by  treaty,  shall  be  imported  into  the  United 
secf  i6.  ""  '  States  from  any  foreign  port  or  place,  except  in  vessels  of 
sec.3,iv913i,tfie  United  States,  or  in  such  foreign  vessels  as  truly  and 
'subsection  2!  wholly  belong  to  the  citizens  or  subjects  of  that  country  of 
of  Mar!  a°4,  which  the  goods  are  the  growth,  production,  or  manufac- 
1915.)  ture,  or  from  which  such  goods,  wares,  or  merchandise  can 

only  be,  or  most  usually  are,  first  shipped  for  transporta- 
tion. All  goods,  wares,  or  merchandise  imported  con- 
trary to  this  section,  and  the  vessel  wherein  the  same  shall 
be  imported,  together  with  her  cargo,  tackle,  apparel,  and 
furniture,  shall  be  forfeited  to  the  United  States;  and 
such  goods,  wares,  or  merchandise,  ship,  or  vessel,  and 
cargo  shall  be  liable  to  be  seized,  prosecuted,  and  con- 
demned in  like  manner,  and  under  the  same  regulations, 
restrictions,  and  provisions  as  have  been  heretofore  estab- 
lished for  the  recovery,  collection,  distribution,  and  re- 
mission of  forfeitures  to  the  United  States  by  the  several 
revenue  laws. 


17. 

Oct.   3,   1913. 
IV,      .1, 


2502. 
1909. 
15. 


PART    XII. DISCRIMINATION    AND    RETALIATION.  187 

The  preceding  section  shall   not  apply  to  vessels  or    -™>'  |4«;  1897- 
goods,  wares,  or  merchandise  imported  in  vessels  ol   a    Aug.^,  19 
foreign  nation  which  does  not  maintain  a  similar  regula- 
tion against  yessels  of  the  United  States.  subs 

.  (See  p.  17,  act 

176.  Discriminating  duties.  of      Mar.      4, 

A  discriminating  duty  of  ten  per  centum  ad  valorem,  in  "{ft,  s 
addition  to  the  duties 'imposed  by  law,  shall  be  levied,  £*•_"_ 
collected,  and  paid  on  all  goods,  wares,  or  merchandise  get.  s.^sis^ 
which  shall  be  imported  in  vessels  not  of  the  United ^  subsection  i. 
States,  or  which  being  the  production  or  manufacture  of 
any  foreign  country  not  contiguous  to  the  United  States, 
shall  come  into  the  United  States  from  such  contiguous 
country ;  but  this  discriminating  duty  shall  not  apply  to 
goods,  wares,  or  merchandise  which  shall  be  imported  in 
vessels,  not  of  the  United  States  entitled  at  the  time  of 
such  importation  by  treaty  or  convention  or  act  of  Con- 
gress to  be  entered'  in  the'  ports  of  the  United  States  on 
payment  of  the  same  duties  as  shall  then  be  payable  on 
goods,  wares,  and  merchandise  imported  in  vessels  of  the 
United  States,  nor  to  such  foreign  products  or  manufac- 
tures as  shall  be  imported  from  such  contiguous  countries 
in  the  usual  course  of  strictly  retail  trade. 

A  discount  of  5  per  centum  on  all  duties  imposed  by    Oct.  3^  wu.^ 
this  Act  shall  be  allowed  on  such  goods,  wares,  and  mer-  subsection  7. 
chandise  as  shall  be  imported  in  vessels  admitted  to  reg- 
istration under  the  laws  of  the  United  States:  Provided, 
That  nothing  in  this  subsection  shall  be  so  construed  as 
to  abrogate  or  in  any  manner  impair  or  affect  the  pro- 
visions   of   any   treaty   concluded   between    the   United 
States  and  any  foreign  nation. 
176  (a).  Retaliation  (revenue  act,  Sept.  8,  1916). 

Whenever  during  the  existence  of  a  war  in  which  the  jjgt-g*. 1916- 
United  States  is  not  engaged,  the  President  shall  be  satis- 
fied that  there  is  reasonable  ground  to  believe  that  under 
the  laws,  regulations,  or  practices  of  any  country,  colony, 
or  dependency  contrary  to  the  law  and  practice  of  na- 
tions, the  importation  into  their  own  or  any  other  coun- 
try, dependency,  or  colony  of  any  article  the  product  of 
the  soil  or  industry  of  the  United  States  and  not  injurious 
to  health  or  morals  is  prevented  or  restricted  the  Presi- 
dent is  authorized  and  empowered  to  prohibit  or  restrict 
during  the  period  of  such  prohibition  or  restriction  is  in 
force,  the  importation  into  the  United  States  or  similar 
or  other  articles,  products  of  such  country,  dependency, 
or  colony  as  in  his  opinion  the  public  interest  may  re- 
quire ;  and  in  such  case  he  shall  make  proclamation  stat- 
ing the  article  or  articles  which  are  prohibited  from  im- 
portation into  the  United  States ;  and  any  person  or  per- 
sons who  shall  import,  or  attempt  or  conspire  to  import, 
or  be  concerned  in  importing,  such  article  or  articles,  into 
the  United  States  contrary  to  the  prohibition  in  such 
proclamation,  shall  be  liable  to  a  fine  of  not  less  than 


188  NAVIGATION    LAWS   OF   THE    UNITED   STATES. 

$2,000  nor  more  than  $50,000,  or  to  imprisonment  not  to 
exceed  two  years,  or  both,  in  the  discretion  of  the  court. 
The   President  may  change,  modify,  revoke,  or  renew 
such  proclamation  in  his  discretion, 
s^.  806.  Whenever,  during  the  existence  of  a  war  in  which  the 

United  States  is  not  engaged,  the  President  shall  be  satis- 
fied that  there  is  reasonable  ground  to  believe  that  any 
vessel,  American  or  foreign,  is,  on  account  of  the  laws, 
regulations,  or  practices  of  a  belligerent  Government, 
making  or  giving  any  undue  or  unreasonable  preference 
or  advantage  in  any  respect  whatsoever  to  any  particular 
person,  company,  firm,  or  corporation,  or  any  particular 
description  of  traffic  in  the  United  States  or  its  posses- 
sions or  to  any  citizens  of  the  United  States  residing  in 
neutral  countries  abroad,  or  is  subjecting  any  particular 
person,  company,  firm,  or  corporation  or  any  particular 
description  of  traffic  in  the  United  States  or  its  posses- 
sions, or  any  citizens  of  the  United  States  residing  in 
neutral  countries  abroad  to  any  undue  or  unreasonable 
prejudice,  disadvantage,  injury,  or  discrimination  in  re- 
gard to  accepting,  receiving,  transporting,  or  delivering, 
or  refusing  to  accept,  receive,  transfer,  or  deliver  any 
cargo,  freight  or  passengers,  or  in  any  other  respect  what- 
soever, he  is  hereby  authorized  and  empowered  to  direct 
the  detention  of  such  vessels  by  withholding  clearance 
or  by  formal  notice  forbidding  departure,  and  to  revoke, 
modify,  or  renew  any  such  direction. 

That  whenever,  during  the  existence  of  a  war  in  which 
the  United  States  is  not  engaged,  the  President  shall  be 
satisfied  that  there  is  reasonable  ground  to  believe  that 
under  the  laws,  regulations,  or  practices  of  any  belliger- 
ent country  or  Government,  American  ships  or  American 
citizens  are  not  accorded  any  of  the  facilities  of  commerce 
which  the  vessels  or  citizens  of  that  belligerent  country 
enjoy  in  the  United  States  or  its  possessions,  or  are  not 
accorded  by  such  belligerent  equal  privileges  or  facilities 
of  trade  with  vessels  or  citizens  of  any  nationality  other 
than  that  of  such  belligerent,  the  President  is  hereby 
authorized  and  empowered  to  withhold  clearance  from 
one  or  more  vessels  of  such  belligerent  country  until  such 
belligerent  shall  restore  to  such  American  vessels  and 
American  citizens  reciprocal  liberty  of  commerce  and 
equal  facilities  of  trade ;  or  the  President  may  direct  that 
similar  privileges  and  facilities,  if  any,  enjoyed  by  vessels 
or  citizens  of  such  belligerent  in  the  United  States  or  its 
possessions  be  refused  to  vessels  or  citizens  of  such  bel- 
ligerent; and  in  such  case  he  shall  make  proclamation 
of  his  direction,  stating  the  facilities  and  privileges  which 
shall  be  refused,  and  the  belligerent  to  whose  vessels  or 
citizens  they  are  to  be  refused,  and  thereafter  the  fur- 
nishing of  such  prohibited  privileges  and  facilities  to 
any  vessel  or  citizen  of  the  belligerent  named  in  such 
proclamation  shall  be  unlawful;  and  he  may  change, 
modify,  revoke,  or  renew  such  proclamation;  and  any 


PART    XII. DISCRIMINATION    AND    RETALIATION.  189 

person  or  persons  who  shall  furnish  or  attempt  or  con- 
spire to  furnish  or  be  concerned  in  furnishing  or  in  the 
concealment  of  furnishing  facilities  or  privileges  to  ships 
or  persons  contrary  to  the  prohibition  in  such  proclama- 
tion shall  be  liable  to  a  fine  of  not  less  than  $2,000  nor 
more  than  $50,000  or  to  imprisonment  not  to  exceed  two 
years,  or  both,  in  the  discretion  of  the  court. 

In  case  any  vessel  which  is  detained  by  virtue  of  this 
Act  shall  depart  or  attempt  to  depart  from  the  jurisdic- 
tion of  the  United  States  without  clearance  or  other  law- 
ful authority,  the  owner  or  master  or  person  or  persons 
having  charge  or  command  of  such  vessel  shall  be  sever- 
ally liable  to  a  fine  of  not  less  than  $2,000  nor  more  than 
$10,000,  or  to  imprisonment  not  to  exceed  two  years,  or 
both,  and  in  addition  such  vessel  shall  be  forfeited  to  the 
United  States. 

That  the  President  of  the  United  States  is  hereby  au- 
thorized and  empowered  to  employ  such  part  of  the  land 
or  naval  forces  of  the  United  States  as  shall  be  necessary 
to  carry  out  the  purposes  of  this  Act. 


Part  XIII.— ENTRY  AND  CLEARANCE. 


177. 

Clearance. 

185. 

Fees. 

178. 

Master's  oath. 

186. 

Enrolled  and  licensed  vessels  in 

179. 

Form  of  outward  manifest. 

foreign  trade. 

180. 

Form  of  clearance. 

187. 

Oath  of  ownership  on  entry. 

181. 

State  inspection  laws. 

188. 

Deposit  of  papers. 

182. 

Manifests  in  Alaskan  and  insular 

189. 

War  documents ;   passports  ;    sea 

trades. 

letters. 

183. 

Bullion  and  coin. 

190. 

Illegal  boarding  of  vessel. 

184. 

Live-oak  timber. 

177.  Clearance. 

r.  s.,  4197.  The  master  or  person  having  the  charge  or  command  of 
Ap(rSee9,act9°of  any  vessel  bouncl  to  a  foreign  port,  shall  deliver  to  the 
Trtie  v5'sec  11' co^ec*or  °^  *'ne  district  from  which  such  vessel  is  about  to 
and  act\>f  Oct!  depart,  a  manifest  of  all  the  cargo  on  board  the  same,  and 
"""the  value  thereof,  by  him  subscribed,  and  shall  swear  to 


6,      191' 


13.) 


the  truth  thereof;  whereupon  the  collector  shall  grant  a 
clearance  for  such  vessel  and  her  cargo,  but  without 
specifying  the  particulars  thereof  in  the  clearance,  unless 
required  by  the  master  or  other  person  having  the  charge 
or  command  of  such  vessel  so  to  do.  If  any  vessel  bound 
to  a  foreign  port  departs  on  her  voyage  to  such  foreign 
port  without  delivering  such  manifest  and  obtaining  a 
clearance,  as  hereby  required,  the  master  or  other  person 
having  the  charge  or  command  of  such  vessel  shall  be 
liable  to  a  penalty  of  five  hundred  dollars  for  every  such 
offense. 


178.  Master's  oath. 

a  r  "419i90"      Tne  oatn  to  ^e  taken  °y tlie  master  or 
P(8ee  'act  of  vessel  shall  be  as  follows : 

June  15,  1917, 

Title  V,  sec.  4,  '-..,.,       , 

and  act  of  Oct.  District  OT 


•ommander  of  the 


6, 
13.) 


1917, 


sec. 


I,  (insert  the  name),  master  or  commander  of  the  (in- 
sert the  denomination  and  name  of  the  vessel),  bound 
from  the  port  of  (insert  the  name  of  the  port  or  place 
sailing  from)  to  (insert  the  name  of  the  port  or  place 
bound  to),  do  solemnly,  sincerely,  and  truly  swear  (or 
affirm,  as  the  case  may  be)  that  the  manifest  of  the  cargo 
on  board  the  said  (insert  denomination  and  name  of  the 
vessel),  now  delivered  by  me  to  the  collector  of  this  dis- 


190 


PART  XIII.— ENTRY    AND   CLEARANCE. 


191 


trict,  and  subscribed  with  my  name,  contains,  according 
to  the  best  of  my  knowledge  and  belief,  a  full,- just,  and 
true  account  of  all  the  goods,  wares,  and  merchandise  now 
actually  laden  on  board  the  said  vessel,  and  of  the  value 
thereof:  and  if  any  other  goods,  wares,  or  merchandise 
shall  be  laden  or  put  on  board  the  said  (insert  denomina- 
tion and  name  of  vessel)  previous  to  her  sailing  from  this 
port,  I  will  immediately  report  the  same  to  the  said  col- 
lector. I  do  also  swear  (or  affirm)  that  I  verily  believe 
the  duties  on  all  the  foreign  merchandise  therein  specified 
have  been  paid  or  secured,  according  to  law,  and  that  no 
part  thereof  is  intended  to  be  relanded  within  the  United 
States,  and  that  if  by  distress  or  other  unavoidable  acci- 
dent it  shall  become  necessary  to  reland  the  same,  I  will 
forthwith  make  a  just  and  true  report  thereof  to  the  col- 
lector of  the  customs  of  the  district  wherein  such  distress 
or  accident  may  happen.  So  help  me  God. 
179.  Form  of  outward  manifest. 

The  form  of  the  report  and  manifest  to  be  delivered  Ap?.",hJ81902. 
to  the  collector  shall  be  as  follows: 

Report  and  manifest  of  the  cargo  laden  at  the  port  of  ,  on 

board  the  ,  master,  bound  for 

port 


Marks 


Numbers. 


Contents  or 
quantities. 


Value  at  the  port 
of  exportation. 


Before   a   clearance  shall  be  granted   for  any   vessel  5Pr."292,°i902. 
bound  to  a  foreign  port,  the  owners,  shippers,  or  con-      (See  'act  of 
signors  of  the  cargo  of  such  vessel  shall  deliver  to  the  Title  v^'sec.1^! 
collector  manifests  of  the  cargo,  or  the  parts  thereof  and  acta  Oct. 
shipped  by  them  respectively,  and  shall  verify  the  same  13.) 
by  oath.  "  Such  manifests  shall  specify  the  kinds  and 
quantities  of  the  articles  shipped  respectively,  and  the 
value  of  the  total  quantity  of  each  kind  of  articles;  and 
the  oath  to  each  manifest  shall  state  that  it  contains  a 
full,  just,  and  true  account  of  all  articles  laden  on  board 
of  such  vessel  by  the  owners,  shippers  or  consignors,  re- 
spectively, and  that  the  values  of  such  articles  are  truly 
stated,  according  to  their  actual  cost,  or  the  values  which 
they  truly  bear  at  the  port   and  time  of  exportation. 
And  before  a  clearance  shall  be  granted  for  any  such 
vessel,  the  master  of  that  vessel,  and  the  owners,  ship- 
pers, and  consignors  of  the  cargo,  shall  state,  upon  oath, 
to  the  collector,  the  foreign  port  or  country  in  which 
such  cargo  is  truly  intended  to  be  landed.     The  oaths 
shall  be  taken  and  subscribed  in  writing. 


192  NAVIGATION    LAWS   OF   THE   UNITED   STATES. 

180.  Form  of  clearance. 

Apr"290i902      ^ie  ^orm  °*  a  clearance,  to  be  granted  to  a  ship  or 
'  vessel  on  her  departure  to  a  foreign  port  or  place,  shall 
b3  as  follows: 

District  of  ,  ss, 

Port  of 
These  are  to  certify  all  whom  it  doth  concern,  that        , 
master  or  commander  of  the  ,  burden  tons,  or 

thereabouts,   mounted    with  guns,   navigated    with 

men,  built,  and  bound  for  ,  having  on 

board  ,  hath  here  entered  and  cleared  his  said  ves- 

sel according  to  law.     Given  under  our  hands  and  seals, 
at  the  custom-house  of  ,  this  day   of  , 

one  thousand  ,  and  in  the  year  of  the  Inde- 

pendence of  the  United  States  of  America. 

181.  State  inspection  laws. 

a  r  "420i90'>  ^ie  conectors  and  other  officers  of  the  customs  shall 
"'pay  due  regard  to  the  inspection  laws  of  the  States  in 
which  they  may  respectively  act,  in  such  manner  that  no 
vessel  having  on  board  goods  liable  to  inspection  shall  be 
cleared  until  the  master,  or  other  proper  person,  shall 
have  produced  such  certificate  that  all  such  goods  have 
been  duly  inspected,  as  the  laws  of  the  respective  States 
may  require  to  be  produced  to  collectors  or  other  officers 
of  the  customs. 

182.  Manifests  in  Alaskan  and  insular  trades. 

Feb'  14'  i9ol'  The  provisions  of  sections  four  thousand  one  hundred 
sees.  7,'io.  'and  ninety-seven  to  four  thousand  two  hundred,  inclu- 
sive, of  the  Revised  Statutes  of  the  United  States,  re- 
quiring statements  of  quantity  and  value  of  goods  carried 
by  vessels  clearing  from  the  United  States  to  foreign 
ports,  shall  be  extended  to  and  govern,  under  such  regu- 
lations as  the  Secretary  of  Commerce  shall  prescribe,  in 
the  trade  between  the  United  States  and  Hawaii,  Porto 
Rico,  Alaska,  the  Philippine  Islands,  Guam,  and  its  other 
noncontiguous  territory,  and  shall  also  govern  in  the 
trade  conducted  between  said  islands  and  territory,  and 
in  shipments  from  said  islands  or  territory  to  other  parts 
of  the  United  States:  Provided,  That  this  law  shall  not 
apply  in  the  Philippine  Islands  during  such  time  as  the 
collectors  of  customs  of  those  islands  are  under  the  juris- 
diction of  the  War  Department. 

183.  Bullion  and  coin. 

r.  s.,  4204.  All  vessels  belonging  to  citizens  of  the  United  States, 

and  bound  from  any  port  in  the  United  States  to  any 
other  port  therein,  or  to  any  foreign  port,  or  from  any 
foreign  port  to  any  port  in  the  United  States,  shall,  before 
clearance,  receive  on  board  all  such  bullion,  coin,  United 
States  notes  and  bonds  and  other  securities,  as  the  Govern- 
ment of  the  United  States  or  any  department  thereof,  or 


PART   XIII. ENTRY"   AND  CLEARANCE.  193 

any  minister,  consul,  vice-consul,  or  commercial  or  other 
agent  of  the  United  States  abroad,  shall  offer,  and  shall 
securely  convey  and  promptly  deliver  the  same  to  the 
proper  authorities  or  consignees,  on  arriving  at  the  port 
of  destination ;  and  shall  receive  for  such  service  such 
reasonable  compensation  as  may  be  allowed  to  other  car- 
riers in  the  ordinary  transactions  of  business. 

184.  Live-oak  timber. 

Collectors  of  the  collection-districts  within  the  States  R-  s.,  4205. 
of  Florida,  Alabama,  Mississippi,  and  Louisiana,  before 
allowing  a  clearance  to  any  vessel  laden  in  whole  or  in 
part  with  live-oak  timber,  shall  ascertain  satisfactorily 
that  such  timber  was  cut  from  private  lands,  or,  if  from 
public  lands,  by  consent  of  the  Department  of  the  Navy. 

185.  Fees. 

Previous  to  a  clearance  being  granted  to  any  vessel,  j^ne  il°i*886 
outward  bound,  the  legal  fees  which  shall  have  accrued  on 
such  vessel  shall  be  paid  at  the  offices  where  such  fees  are 
respectively  payable;  and  receipts  for  the  same  shall  be 
produced  to  the  collector  or  other  officer  whose  duty  it 
may  be  to  grant  clearances,  before  a  clearance  is  granted. 

Whenever  any  clearance  is  granted  to  any  vessel  of  the  R-  s-« 4207- 
United  States,  duly  registered  as  such,  and  bound  on  any 
foreign  voyage,  the  collector  of  the  district  shall  annex 
thereto,  in  every  case,  a  copy  of  the  rates  or  tariffs  of  fees 
which  diplomatic  and  consular  officers  are  entitled,  by  the 
regulations  prescribed  by  the  President,  to  receive  for 
their  services. 

186.  Enrolled  and  licensed  vessels  in  foreign  trade. 

If  any  vessel,  enrolled  or  licensed,  shall  proceed  on  a  K-  s-. 4337- 
foreign  voyage,  without  first  giving  up  her  enrollment 
and  license  to  the  collector  of  the  district  comprehending 
the  port  from  which  she  is  about  to  proceed  on  such  voy- 
age, and  being  duly  registered  by  such  collector,  every 
such  vessel,  together  with  her  tackle,  apparel,  and  furni- 
ture, and  the  merchandise  so  imported  therein,  shall  be 
liable  to  seizure  and  forfeiture.     (See  R.  S.,  4377,  p.  271.) 

If  the  port  from  which  any  vessel,  so  enrolled  or  R.  s.,  4338. 
licensed  is  about  to  proceed  on  a  foreign  voyage,  is  not 
within  the  district  where  such  vessel  is  enrolled,  the  col- 
lector of  such  district  shall  give  to  the  master  of  such  ves- 
sel a  certificate,  specifying  that  the  enrollment  and  license 
of  such  vessel  has  been  received  by  him,  and  the  time 
when  it  was  so  received;  which  certificate  shall  afterward 
be  delivered  by  the  master  to  the  collector  who  may  have 
granted  such  enrollment  and  license. 

Whenever  any  vessel,  licensed  for  carrying  on  the  fish-  R-  s-  4364- 
ery,  is  intended  to  touch  and  trade  at  any  foreign  port,  it 
shall  be  the  duty  of  the  master  or  owner  to  obtain  permis- 
sion for  that  purpose  from  the  collector  of  the  district 

143562°— 19 13 


194  NAVIC4ATI0N    LAWS   OF   THE   UNITED   STATES. 

where  such  vessel  may  be,  previous  to  her  departure,  and 
the  master  of  every  such  vessel  shall  deliver  like  mani- 
fests, and  make  like  entries,  both  of  the  vessel  and  of  the 
merchandise  on  board,  within  the  same  time,  and  under 
the  same  penalty,  as  are  by  law  provided  for  vessels  of  the 
United  States  arriving  from  a  foreign  port. 

r.  s.,  4365.  Whenever  a  vessel,  licensed  for  carrying  on  the  fish- 

eries, is  found  within  three  leagues  of  the  coast,  with 
merchandise  of  foreign  growth  or  manufacture,  exceed- 
ing the  value  of  five  hundred  dollars,  without  having  such 
permission  as  is  directed  by  the  preceding  section,  such 
vessel,  together  with  the  merchandise  of  foreign  growth 
or  manufacture  imported  therein,  shall  be  subject  to  sei- 
zure and  forfeiture. 
187.  Oath  of  ownership  on  entry. 

r.  s.,  4173.  Upon  the  entry  of  every  vessel  of  the  United  States 

from  any  foreign  port,  if  the  same  shall  be  at  the  port  at 
which  the  owner  or  any  of  the  part  owners  reside,  such 
owner  or  part  owner  shall  make  oath  that  the  register  of 
such  vessel  contains  the  name  or  names  of  all  the  persons 
who  are  then  owners  of  the  vessel ;  or  if  any  part  of  such 
vessel  has  been  sold  or  transferred  since  the  granting  of 
such  register  that  such  is  the  case,  and  that  no  foreign 
subject  or  citizen  has,  to  the  best  of  his  knowledge  and 
belief,  any  share,  by  way  of  trust,  confidence,  or  other- 
wise, in  such  vessel.  If  the  owner  or  any  part  owner  does 
not  reside  at  the  port  at  which  such  vessel  enters,  the 
master  shall  make  oath  to  the  like  effect.  If  the  owner,  or 
part  owner,  where  there  is  one,  or  the  master,  where  there 
is  no  owner,  refuses  so  to  swear,  such  vessel  shall  not  be 
entitled  to  the  privileges  of  a  vessel  of  the  United  States. 

r.  s.(  4226.  Upon  the  entry  of  every  such    [unregistered   vessel, 

owned  by  citizens  of  the  United  States,  and  carrying  a 
sea-letter,  or,  other  regular  document,  issued  from  a  cus- 
tom house  of  the  United  States,  proving  the  vessel  to  be 
American  property]  vessel  from  any  foreign  port,  if  the 
same  shall  be  at  the  port  at  which  the  owner  or  any  of 
the  part  owners  reside,  such  owner  or  part  owner  shall 
make  oath  that  the  sea  letter  or  other  regular  document 
possessed  by  such  vessel  contains  the  name  or  names  of 
all  the  persons  who  are  then  the  owners  of  the  vessel ;  or 
if  any  part  of  such  vessel  has  been  sold  or  transferred 
since  the  date  of  such  sea-letter  or  document,  that  such  is 
the  case,  and  that  no  foreign  subject  or  citizen  has,  to  the 
best  of  his  knowledge  and  belief,  any  share,  by  way  of 
trust,  confidence,  or  otherwise,  in  such  vessel.  If  the 
owner  or  any  part  owner  does  not  reside  at  the  port  or 
place  at  which  such  vessel  shall  enter,  then  the  master 
shall  make  oath  to  the  like  effect.  If  the  owner  or  part 
owner,  where  there  is  one,  or  the  master,  where  there  is 
no  owner,  shall  refuse  to  so  swear,  such  vessel  shall  not  be 
entitled  to  the  privileges  granted  by  this  section. 


PAST    XIII. ENTRY    AND   CLEARANCE.  195 

188.  Deposit  of  papers. 

The  register,  or  other  document  in  lieu  thereof,  together  K  s.,2790. 
with  the  clearance  and  other  papers  granted  by  the  offi- 
cers of  the  customs  to  a  vessel  at  her  departure  from  the 
port  from  whence  she  may  have  arrived,  Mediterranean 
passports  excepted,  shall  previous  to  entry  be  produced 
to  the  collector  with  whom  such  entry  is  to  be  made,  and 
shall  remain  in  his  office;  and  on  the  clearance  of  such 
vessel  the  register  and  other  documents  shall  be  returned 
to  the  master  or  owner  of  such  vessel. 

The  register,  or  other  document  in  lieu  thereof,  together  R.  s.,  4209. 
with  the  clearance  and  other  papers  granted  by  the  offi- 
cers of  the  customs  to  any  foreign  vessel,  at  her  departure 
from  the  port  from  which  she  may  have  arrived,  shall, 
previous  to  entry  in  any  port  of  the  United  States,  be  pro- 
duced to  the  collector  with  whom  such  entry  is  to  be  made. 
It  shall  be  the  duty  of  the  master,  within  forty-eight 
hours  after  such  entry,  to  deposit  the  papers  with  the 
consul  or  vice-consul  01  the  nation  to  which  the  vessel  be- 
longs, and  to  deliver  to  the  collector  the  certificate  of  such 
consul  or  vice-consul  that  the  papers  have  been  so  depos- 
ited. Every  master  who  fails  to  comply  with  this  regu- 
lation shall  be  punishable  by  a  fine  of  not  less  than  five 
hundred  dollars,  nor  more  than  two  thousand  dollars. 

The  preceding  section  shall  not  extend  to  the  vessels  of  R-  s»  421°- 
foreign  nations  in  whose  ports  American  consuls  are  not 
permitted  to  have  the  custody  and  possession  of  the  regis- 
ter and  other  papers  of  vessels  entering  the  ports  of  such 
nation. 

It  shall  not  be  lawful  for  any  foreign  consul  to  deliver  R-  s-> 4211- 
to  the  master  of  any  foreign  vessel  the  register  and  other 
papers  deposited  with  him  pursuant  to  the  provisions  of 
the  preceding  section,  until  such  master  shall  produce  to 
him  a  clearance  in  due  form  from  the  collector  of  the  port 
where  such  vessel  has  been  entered.  Any  consul  offend- 
ing against  the  provisions  of  this  section  shall  be  fined 
not  less  than  five  hundred  dollars  nor  more  than  five 
thousand. 

It  shall  be  the  duty  of  all  masters  of  vessels  for  whom  R^lf13^ 
any  official  services  shall  be  performed  by  any  consular  semis'. ' 
officer,  without  the  payment  of  a  fee,  to  require  a  written 
statement  of  such  services  from  such  consular  officer,  and, 
after  certifying  as  to  whether  such  statement  is  correct,  to 
furnish  it  to  the  collector  of  the  district  in  which  such 
vessels  shall  first  arrive  on  their  return  to  the  United 
States;  and  if  any  such  master  of  a  vessel  shall  fail  to 
furnish  such  statement,  he  shall  be  liable  to  a  fine  of  not 
exceeding  fifty  dollars,  unless  such  master  shall  state 
under  oath  that  no  such  statement  was  furnished  him  by 
said  consular  officer.  And  it  shall  be  the  duty  of  every 
collector  to  forward  to  the  Secretary  of  the  Treasury  all 
such  statements  as  shall  have  been  furnished  to  him,  and 
also  a  statement  of  all  certified  invoices  which  shall  have 


196  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

come  to  his  office,  giving  the  dates  of  the  certificates,  and 
the  names  of  the  persons  for  whom  and  of  the  consular 
officer  by  whom  the  same  were  certified. 
189.  War  documents;  passports;  sea  letters. 

k.  s..  4306.  Every  vessel  of  the  United  States,  going  to  any  foreign 

country,  shall,  before  she  departs  from  the  United  States, 
at  the  request  of  the  master,  be  furnished  by  the  collector 
for  the  district  where  such  vessel  may  be,  with  a  passport, 
the  form  for  which  shall  be  prescribed  by  the  Secretary  of 
State.  In  order  to  be  entitled  to  such  passport,  the  mas- 
ter of  every  such  vessel  shall  be  bound,  with  sufficient 
sureties,  to  the  Treasurer  of  the  United  States,  in  the 
penalty  of  two  thousand  dollars,  conditioned  that  the 
passport  shall  not  be  applied  to  the  use  or  protection  of 
any  other  vessel  than  the  one  described  in  it ;  and  that,  in 
case  of  the  loss  or  sale  of  any  vessel  having  such  passport, 
the  same  shall,  within  three  months,  be  delivered  up  to 
the  collector  from  whom  it  was  received,  if  the  loss  or 
sale  take  place  within  the  United  States;  or  within  six 
months,  if  the  same  shall  happen  at  any  place  nearer 
than  the  Cape  of  Good  Hope;  and  within  eighteen 
months,  if  at  a  more  distant  place. 

r.  s.f  4307.  If  any  vessel  of  the  United  States  shall  depart  there- 

from, and  shall  be  bound  to  any  foreign  country,  other 
than  to  some  port  in  America,  without  such  passport,  the 
master  of  such  vessel  shall  be  liable  to  a  penalty  of  two 
hundred  dollars  for  every  such  offense. 

r.  s.,  430cS.  Every  unregistered  vessel  owned  by  a  citizen  of  the 

United  States,  and  sailing  with  a  sea-letter,  going  to  any 
foreign  country,  shall,  before  she  departs  from  the  United 
States,  at  the  request  of  the  master,  be  furnished  by  the 
collector  of  the  district  where  such  vessel  may  be  with  a 
passport,  for  which  the  master  shall  be  subject  to  the 
rules  and  conditions  prescribed  for  vessels  of  the  United 
States. 

r.  s.,  4?>09.  Every  master  of  a  vessel,  belonging  to  citizens  of  the 

United  States,  who  shall  sail  from  any  port  of  the  United 
States,  shall,  on  his  arrival  at  a  foreign  port,  deposit  his 
register,  sea-letter,  and  Mediterranean  passport  with  the 
consul,  vice-consul,  commercial  agent,  or  vice-commercial 
agent,  if  any  there  be  at  such  port;  and  it  shall  be  the 
duty  of  such  consul,  vice-consul,  commercial  agent,  or 
vice-commercial  agent,  on  such  master  or  commander 
producing  to  him  a  clearance  from  the  proper  officer 
of  the  port  where  his  vessel  may  be,  to  deliver  to  the 
master  all  of  his  papers,  if  such  master  or  commander  has 
complied  with  the  provisions  of  law  relating  to  the  dis- 
charge of  seamen  in  a  foreign  country,  and  to  the  pay- 
ment of  the  fees  of  consular  officers. 

i:.  s..  43io.  Every  master  of  any  such  vessel  who  refuses  or  neglects 

to  deposit  the  papers  as  required  by  the  preceding  section, 
shall  be  liable  to  a  penalty  of  five  hundred  dollars,  to  be 
recovered  by  such  consul. 


PART    XIII.— ENTRY   AND   CLEARANCE.  197 

or  vice-commercial  agent,  in  his  own  name,  for  the  benefit 
of  the  United  States,  in  any  court  of  competent  jurisdic- 
tion. 
190.  Illegal  boarding  of  vessel. 

Every  person  who,  not  being  in  the  United  States  serv-  R- s> 4606- 
ice,  and  not  being  duly  authorized  by  law  for  the  purpose, 
goes  on  board  any  vessel  about  to  arrive  at  the  place  of 
her  destination,  before  her  actual  arrival,  and  before  she 
has  been  completely  moored,  without  permission  of  the 
master,  shall,  for  every  such  offense,  be  punishable  by  a 
fine  of  not  more  than  two  hundred  dollars,  and  by  im- 
prisonment for  not  more  than  six  months ;  and  the  master 
of  such  vessel  may  take  any  such  person  so  going  on  board 
into  custody,  and  deliver  him  up  forthwith  to  any  consta- 
ble or  police  officer,  to  be  by  him  taken  before  any  justice 
of  the  peace,  to  be  dealt  with  according  to  the  provisions 
of  this  Title  [R.  S.,  4501-4613]. 

The  Secretary  of  Commerce  is  hereby  authorized  and  Mar.  si,  1900. 
directed  to  prescribe  from  time  to  time  and  enforce  regu-  sec.'io.' 
lations  governing  the  boarding  of  vessels  arriving  at  the 
seaports  of  the  United  States,  before  such  vessels  have 
been  properly  inspected  and  placed  in  security,  and  for 
that  purpose  to  employ  any  of  the  officers  of  that  [or 
Treasury]  Department. 

Each  person  violating  such  regulations  shall  be  subject  |Iar031-  190° 
to  a  penalty  of  not  more  than  one  hundred  dollars  or 
imprisonment  not  to  exceed  six  months,  or  both,  in  the 
discretion  of  the  court. 

This  Act  shall  be  construed  as  supplementary  to  section  Sec.  3. 
nine  of  chapter  three  hundred  and  seventy-four  of  the 
Statutes  of  eighteen  hundred  and  eighty  two,  and  section 
forty-six  hundred  and  six  of  the  Revised  Statutes. 


Part  XIV. 


-CUSTOMS   LAWS   DIRECTLY   RELATING   TO 
VESSELS. 


191.  Boarding  and  search  of  vessel. 

192.  Seizure    of    vessels   or    merchan- 

dise. 

193.  Exemption  from  forfeiture. 

194.  Procedure  in  cases  of  fines,  pen- 

alties, and  forfeitures. 


195.  Moieties — Informers'      and     c 

toms  officers'  awards. 

196.  Procedure. 

197.  Oaths  of  masters  and  owners. 


191.  Boarding1  and  search  of  vessel. 

It  shall  be  lawful  for  any  officer  of  the  customs,  includ- 
ing inspectors  and  occasional  inspectors,  or  of  a  revenue- 
cutter,  or  authorized  agent  of  the  Treasury  Department, 
or  other  person  specially  appointed  for  the  purpose  in 
writing  by  a  collector,  naval  officer,  or  surveyor,  to  go  on 
board  of  any  vessel,  as  well  without  as  within  his  district, 
and  to  inspect,  search,  and  examine  the  same,  and  any 
person,  trunk,  or  envelope  on  board,  and  to  this  end  to 
hail  and  stop  such  vessel  if  under  way,  and  to  use  all 
necessaiy  force  to  compel  compliance ;  and  if  it  shall  ap- 
pear that  any  breach  or  violation  of  the  laws  of  the 
United  States  has  been  committed,  whereby  or  in  conse- 
quence of  which  such  vessel,  or  the  merchandise,  or  any 
part  thereof,  on  board  of  or  imported  by  such  vessel,  is 
liable  to  forfeiture,  to  make  seizure  of  the  same,  or  either 
or  any  part  thereof,  and  to  arrest,  or  in  case  of  escape,  or 
any  attempt  to  escape,  to  pursue  and  arrest  any  person 
engaged  in  such  breach  or  violation. 

The  original  appointment  in  writing  of  any  person 
specially  appointed  under  the  provisions  of  the  previous 
section  shall  be  filed  in  the  custom-house  where  such  ap- 
pointment is  made. 

It  shall  be  lawful  for  all  collectors,  naval  officers,  sur- 
veyors, inspectors,  and  the  officers  of  the  revenue-cutters, 
to  go  on  board  of  vessels  in  any  port  of  the  United  States, 
or  within  four  leagues  of  the  coast  thereof,  if  bound  to 
the  United  States,  whether  in  or  out  of  their  respective 
districts,  for  the  purpose  of  demanding  the  manifests, 
and  of  examining  and  searching  the  vessels;  and  those 
officers  respectively  shall  have  free  access  to  the  cabin 
and  every  other  part  of  a  vessel. 

If  any  master  of  a  vessel  coming  into  or  having  arrived 
at  any  port  within  the  United  States  shall  obstruct  or 
hinder  or  shall  intentionally  cause  any  obstructions  or  hin- 


19S 


PART  XIV. CUSTOMS  LAWS  DIRECTLY  RELATING  TO  VESSELS.    199 

drance  to  any  officer  in  lawfully  going  on  board  such  ves- 
sel for  the  purpose  of  carrying  into  effect  any  of  the  rev- 
enue laws  of  the  United  States,  he  shall  for  every  such 
offense  be  liable  to  a  penalty  of  not  more  than  five  hun- 
dred dollars  nor  less  than  fifty  dollars. 

If  any  box,  trunk,  chest,  cask,  or  other  package  shall  R  s-  3069- 
be  found  in  the  cabin,  steerage,  or  forecastle  of  a  vessel, 
or  in  any  other  place  separate  from  the  residue  of  the 
cargo,  the  officer  of  the  customs  shall  take  a  particular 
account  of  such  package,  and  of  the  marks  and  numbers 
thereof,  if  any,  and  a  description  thereof,  and,  if  he 
judges  proper,  shall  seal  every  such  package;  and  such 
account  and  description  shall  be  by  him  forwarded  with- 
out delay  to  the  collector  of  the  district  to  which  such 
vessel  is  bound.  If  upon  her  arrival  at  the  port  of  her 
entry,  the  packages  so  described,  or  any  of  them,  are  miss- 
ing, or  if  any  seal  put  thereon  has  been  broken,  the  master 
shall  be  liable  to  a  penalty  for  every  package  missing,  or 
on  which  any  seal  shall  be  broken,  of  two  hundred  dollars. 
192.  Seizure  of  vessels  or  merchandise. 

Every  officer  or  other  person  authorized  to  make  R. s.,  3071. 
searches  and  seizures  by  this  Title  [R.  S.,  2517-3129] 
shall,  at  the  time  of  executing  any  of  the  powers  con- 
ferred upon  him,  make  known,  upon  being  questioned, 
his  character  as  an  officer  or  agent  of  the  customs  or  Gov- 
ernment, and  shall  have  authority  to  demand  of  any  per- 
son within  the  distance  of  three  miles  to  assist  him  in 
making  any  arrests,  search,  or  seizure  authorized  by  this 
Title,  where  such  assistance  may  be  necessary;  and  if 
such  person  shall,  without  reasonable  excuse,  neglect  or 
refuse  so  to  assist,  upon  proper  demand,  he  shall  be 
deemed  guilty  of  a  misdemeanor,  punishable  by  a  fine  of 
not  more  than  two  hundred  dollars,  nor  less  than  five 
dollars. 

It  shall  be  the  duty  of  the  several  officers  of  the  customs  r.  s.,  3072. 
to  seize  and  secure  any  vessel  or  merchandise  which  shall 
become  liable  to  seizure  by  virtue  of  any  law  respecting 
the  revenue,  as  well  without  as  within  their  respective 
districts. 

If  any  officer,  or  other  person,  executing  or  aiding  or  r.  s.,  3073. 
assisting  in  the  seizure  of  goods,  under  any  act  providing 
for  or  regulating  the  collection  of  duties  on  imports  or 
tonnage,  is  sued  for  anything  done  in  virtue  of  the  powers 
given  thereby,  or  by  virtue  of  a  warrant  granted  by  any 
judge,  or  justice,  pursuant  to  law,  he  may  plead  the  gen- 
eral issue  and  give  such  act  and  the  special  matter  in 
evidence. 

In  all  cases  of  seizure  of  property  subject  to  forfeiture  R- s-  30?4- 
for  any  of  the  causes  named  in  any  provision  of  law  relat- 
ing to'  the  customs,  or  for  the  registering,  enrolling,  or 
licensing  of  vessels,  when,  in  the  opinion  of  the  collector 
or  other  principal  officer  of  the  revenue  making  such  seiz- 
ure, the  value  of  the  property  seized  does  not  exceed  five 


200  NAVIGATION    LAWS   OF    THE    UNITED    STATES. 

hundred  dollars,  he  shall  cause  a  list  and  particular  de- 
scription of  the  property  seized  to  be  prepared  in  dupli- 
cate, and  an  appraisement  of  the  same  to  be  made  by  two 
sworn  appraisers  under  the  revenue  laws,  if  there  are 
such  appraisers  at  or  near  the  place  of  seizure;  but  if 
there  are  no  such  appraisers,  then  by  two  competent  and 
disinterested  citizens  of  the  United  States,  to  be  selected 
by  him  for  that  purpose,  residing  at  or  near  the  place  of 
seizure;  which  list  and  appraisement  shall  be  properly 
attested  by  such  collector  or  other  officer  and  the  persons 
making  the  appraisal.  For  such  services  of  the  apprais- 
ers they  shall  be  allowed  out  of  the  revenue  one  dollar 
and  fifty  cents  each,  for  every  day  necessarily  employed 
in  such  service. 

r.  s.,  3075.  If  the  amount  of  the  appraisal  of  property  so  seized  as 

forfeited  shall  not  exceed  the  sum  of  five  hundred  dollars, 
the  collector  or  other  principal  officer  shall  publish  a  no- 
tice once  a  week  for  three  successive  weeks  in  some  news- 
paper of  the  county  or  place  where  such  seizure  shall 
have  been  made,  if  any  newspaper  shall  be  published  in 
such  county;  but  if  no  newspaper  shall  be  published  in 
such  county,  then  such  notice  shall  be  published  in  some 
newspaper  of  the  county  in  which  the  principal  customs 
office  of  the  district  shall  be  situated ;  and  if  no  news^ 
paper  shall  be  published  in  such  county,  then  notices  shall 
be  posted  in  proper  public  places,  which  notices  shall  de- 
scribe the  articles  seized,  and  state  the  time,  cause,  and 
place  of  seizure,  and  shall  require  any  person  claiming 
such  articles  to  appear  and  file  with  such  collector  or 
other  officer  his  claim  to  such  articles  within  twenty  days 
from  the  date  of  the  first  publication  of  such  notice. 

r.  s.,  3076.  Any  person  claiming  the  property  so  seized  may,  at  any 

time  within  twenty  days  from  the  date  of  such  publica- 
tion, file  with  the  collector  or  other  officer  a  claim,  stating 
his  interest  in  the  articles  seized,  and,  upon  depositing 
with  such  collector  or  other  officer  a  bond  to  the  United 
States  in  the  penal  sum  of  two  hundred  and  fifty  dollars, 
with  two  sureties,  to  be  approved  by  such  collector  or 
other  officer,  conditioned  that,  in  case  of  the  condemna- 
tion of  the  articles  so  claimed,  the  obligors  shall  pay  all 
the  costs  and  expenses  of  the  proceedings  to  obtain  such 
condemnation.  Such  collector  or  other  officer  shall  trans- 
mit the  same,  with  the  duplicate  list  and  description  of 
the  articles  seized  and  claimed,  to  the  United  States  dis- 
trict attorney  for  the  district,  who  shall  proceed  for  a 
condemnation  of  the  property  in  the  ordinary  mode  pre- 
scribed by  law. 

r.  s.,  3077.  jj  no  g^k  ciaim  shall  be  filed  or  bond  given  within  the 

twenty  days  above  specified,  such  collector  or  other  officer 
shall  give  not  less  than  fifteen  days'  notice  of  the  sale  of 
the  property  so  seized,  by  publication  in  the  manner  be- 
fore mentioned;  and,  at  the  time  and  place  specified  in 


PART  XTV.- — CUSTOMS  TAWS  DIRECTLY  RELATING  TO  VESSELS.    201 

such  notice,  he  shall  sell  at  public  auction  the  property  so 
seized,  and  shall  deposit  the  proceeds,  after  deducting  the 
actual  expenses  of  such  seizure,  publication,  and  sale,  in 
the  Treasury  of  the  United  States,  as  shall  be  directed  by 
the  Secretary  of  the  Treasury.  The  collector,  however, 
shall  have  power  to  adjourn  such  sale  from  time  to  time 
for  a  period  not  exceeding  thirty  days  in  all. 

Any  person  claiming  to  be  interested  in  the  property  r^s.^po-s^ 
sold  under  the  provisions  of  the  preceding  section  may,  sec.'io.' 
within  three  months  after  such  sale,  apply  to  the  Secre- 
tary of  the  Treasury  for  a  remission  of  the  forfeiture  and 
a  restoration  of  the  proceeds  of  such  sale,  and  the  same 
may  be  granted  by  the  Secretary  upon  satisfactory  proof, 
to  be  furnished  in  such  manner  as  he  shall  direct,  that  the 
applicant,  at  the  time  of  the  seizure  and  sale  of  the  prop- 
erty in  question,  did  not  know  of  the  seizure,  and  was  in 
such  circumstances  as  prevented  him  from  knowing  of 
the  same,  and  that  such  forfeiture  was  incurred  without 
willful  negligence  or  any  intention  of  fraud  on  the  part 
of  the  owner  of  such  property.     [Note. — In  certain  cases 
the  application  will  be  made  to  the  Secretary  of  Com-  • 
merce— Feb.  14,  1903,  sec.  10.] 

If  no  application  for  such  remission  or  restoration  peb."i34°7i903. 
shall  be  made  within  three  months  after  such  sale,  the  Sec'  io.' 
Secretary  of  the  Treasury  [or  Secretary  of  Commerce] 
shall  then  cause  the  proceeds  of  such  sale  to  be  distrib- 
uted in  the  same  manner  as  if  such  property  had  been 
condemned  and  sold  in  pursuance  of  a  decree  of  a  com- 
petent court. 

Whenever  seizure  shall  be  made  of  any  property  which,  R-  s-»  308°- 
in  the  opinion  of  the  appraisers,  is  liable  to  perish  or 
waste,  or  to  be  greatly  reduced  in  value  by  keeping,  or 
which  cannot  be  kept  "without  grerit  disproportionate  ex- 
pense, whether  such  property  consists  of  live  animals  or 
merchandise,  and  when  the  property  thus  seized  shall  not 
exceed  five  hundred  dollars  in  value,  and  when  no  claim 
shall  have  been  interposed  therefor  as  is  hereinbefore  pro- 
vided, the  appraisers,  if  requested  by  the  collector  or 
principal  officer  making  the  seizure,  at  the  time  when  such 
appraisal  is  made,  shall  certify  on  oath  in  their  appraisal 
their  belief  that  the  property  seized  is  liable  to  speedy  de- 
terioration, or  that  the  expenses  of  its  keeping  will  largely 
reduce  the  net  proceeds  of  the  sale;  and  in  case  the  ap- 
praisers thus  certify,  such  collector  or  other  officer  may 
proceed  to  advertise  and  sell  the  same  at  auction,  by  giv- 
ing notice  for  such  time  as  he  may  think  reasonable,  but 
not  less  than  one  week,  of  such  seizure  and  intended  sale, 
by  advertisement  as  is  hereinbefore  provided;  and  the 
proceeds  of  such  sale  shall  be  deposited  to  the  credit  of 
the  Treasurer  of  the  United  States,  subject,  nevertheless, 
to  the  payment  of  such  claims  as  shall  be  presented  within 
three  months  from  the  day  of  sale,  and  allowed  by  the 
Secretary  of  the  Treasury. 


202 


NAVIGATION    LAWS    OF    THE    UNITED   STATES. 


R.  S.,  30S6. 


R.  S.,  3003. 

Fell.   S.   18S1. 


R.  S.,  30Sf 


The  collectors  of  the  several  districts  of  the  United 
States,  in  all  cases  of  seizure  of  any  merchandise  for  vio- 
lation of  the  revenue  laws,  the  appraised  value  of  which, 
in  the  district  wherein  such  seizure  shall  be  made,  does 
not  exceed  one  thousand  dollars,  are  hereby  authorized, 
subject  to  the  approval  of  the  Secretary  of  the  Treasury, 
to  release  such  merchandise  on  payment  of  the  appraised 
value  thereof. 

Whenever  any  seizure  shall  be  made  for  the  purpose  of 
enforcing  any  forfeiture,  the  collector  or  other  person 
causing  such  seizure  to  be  made  shall  immediately  give 
information  thereof  to  the  Solicitor  of  the  Treasury. 

All  merchandise  or  property  of  any  kind  seized  under 
the  provisions  of  any  law  of  the  United  States  relating 
to  the  customs,  shall,  unless  otherwise  provided  tor  by 
law,  be  placed  and  remain  in  the  custody  of  the  collector 
or  other  principal  officer  of  the  customs  of  the  district  in 
which  the  seizure  shall  be  made,  to  abide  adjudication 
by  the  proper  tribunal,  or  other  disposition  according  to 
law. 

193.  Exemption  from  forfeiture. 

No  vessel  used  by  any  person  or  corporation,  as  common 
carriers,  in  the  transaction  of  their  business  as  such  com- 
mon carriers,  shall  be  subject  to  seizure  or  forfeiture  by 
force  of  the  provisions  of  Title  thirty-four  [R.  S.,  2517- 
3129]  of  the  Revised  Statutes  of  the  United  States 
unless  it  shall  appear  that  the  owner  or  master  of  such 
vessel  at  the  time  of  the  alleged  illegal  act  was  a  consent- 
ing party  or  privy  thereto. 

194.  Procedure  in  cases  of  fines,  penalties,  and  forfeitures. 

The  several  collectors  of  customs  shall  report  within  ten 
da}rs  to  the  district  attorney  of  the  district  in  which  any 
fine,  penalty,  or  forfeiture  may  be  incurred  for  the  viola- 
tion of  any  law  of  the  United  States  relating  to  the 
revenue,  a  statement  of  all  the  facts  and  circumstances  of 
the  case  within  their  knowledge,  or  which  may  come  to 
their  knowledge  from  time  to  time,  stating  the  names  of 
the  witnesses,  and  the  provisions  of  the  law  believed  to  be 
violated,  and  on  which  a  reliance  may  be  had  for  con- 
demnation or  conviction.  If  any  collector  shall  in  any 
case  fail  to  report  to  the  proper  district  attorney,  as  pre- 
scribed in  this  section,  such  collector's  right  to  any  com- 
pensation, benefit,  or  allowance  in  such  case  shall  be 
forfeited  to  the  United  States,  and  the  same  may,  in  the 
discretion  of  the  Secretary  of  the  Treasury,  be  awarded 
to  such  persons  as  may  make  complaint  and  prosecute  the 
same  to  judgment  or  conviction. 

District  attorneys,  upon  receiving  the  report  of  a  col- 
lector, shall  cause  suit  and  prosecution  to  be  commenced 
and  prosecuted  without  delay  for  the  fines  and  personal 
penalties  by  law  in  such  case  provided,  unless  upon  in- 


PART  XIV. — CUSTOMS  LAWS  DIRECTLY  RELATING  TO  VESSELS.    208 

quiry  and  examination  they  shall  decide  that  a.  conviction 
cannot  probably  be  obtained,  or  that  the  ends  of  public 
justice  do  not  require  that  a  suit  or  prosecution  should  be 
instituted,  in  which  case  they  shall  report  the  facts  to  the 
Secretary  of  the  Treasury  for  his  direction.  For  ex- 
penses incurred  and  services  rendered  in  prosecution  for 
such  fines  and  personal  penalties,  they  shall  receive  such 
allowance  as  the  Secretary  of  the  Treasury  shall  deem 
just  and  reasonable,  upon  the  certificate  of  the  judge 
before  whom  such  prosecution  was  had. 

The  collector  within  whose  district  any  seizure  shall  be  «•  «•>  3087. 
made  or  forfeiture  incurred  for  any  violation  of  the  duty 
laws  is  hereby  enjoined  to  cause  suits  for  the  same  to  be 
commenced  without  delay,  and  prosecuted  to  effect ;  and 
is,  moreover,  authorized  to  receive  from  the  court  within 
which  such  trial  is  had,  or  from  the  proper  officer  thereof, 
the  sum  recovered,  after  deducting  all  proper  charges  to 
be  allowed  by  the  court;  and  on  receipt  thereof  he  shall 
pay  and  distribute  the  same  without  delay,  according  to 

Whenever  a  vessel,  or  the  owner  or  master  of  a  vessel,  R-  s-  3088- 
has  become  subject  to  a  penalty  for  a  violation  of  the  rev- 
enue laws  of  the  United  States,  such  vessel  shall  be 
holden  for  the  payment  of  such  penalty,  and  may  be 
seized  and  proceeded  against  summarily  by  libel  to  re- 
cover such  penalty. 

Whenever  a  seizure,  condemnation,  and  sale  of  mer-  R-  B-  808-  ■ 
chandise  takes  place  within  the  United  States,  and  the 
value  thereof  is  less  than  two  hundred  and  fifty  dollars, 
that  part  of  the  forfeiture  which  accrues  to  the  United 
States,  or  so  much  thereof  as  may  be  necessary,  shall  be 
applied  to  the  payment  of  the  cost  of  the  prosecution. 
195.  Moieties— Informers'  and  custom  officers'  awards. 

All  provisions  of  law  under  which  moieties  of  any  g£e2;2'  lg74- 
fines,  penalties,  or  forfeitures,  under  the  customs-revenue 
laws,  or  any  share  therein,  or  commission  thereon,  are 
paid  to  informers,  or  officers  of  customs,  or  other  officers 
of  the  United  States,  are  hereby  repealed;  and  from  and 
after  the  date  of  the  passage  of  this  act  the  proceeds  of  g°e29°' 1890> 
all  such  fines,  penalties,  and  forfeitures  shall  be  paid  into 
the  Treasury  of  the  United  States. 

It  shall  hereafter  be  the  duty  of  the  Secretary  of  the  |e?e3  ' 
Treasury,  out  of  any  money  specifically  appropriated  by 
Congress,'  to  make  suitable  compensation  in  certain  cases 
under  the  customs  revenue  laws,  as  hereinafter  provided, 
and  not  otherwise;  and  he  shall  annually  report  to  Con- 
gress, in  detail,  all  payments  by  him  for  such  purpose. 

Whenever  any  officer  of  the  customs  or  other  person  Sec-4- 
shall  detect  and  seize  goods,  wares,  or  merchandise,  in  the 
act  of  being  smuggled,  or  which  have  been  smuggled,  he 
shall  be  entitled  to  such  compensation  therefor  as  the  Sec- 


204  NAVIGATION    TAWS   OF    THE    UNITED   STATER. 

retary  of  the  Treasury  shall  award,  not  exceeding  in 
amount  one-half  of  the  net  proceeds,  if  any,  resulting 
from  such  seizure,  and  deducting  all  duties,  costs,  and 
charges  connected  therewith : 

Provided,  That  for  the  purposes  of  this  act  smuggling 
shall  be  construed  to  mean  the  act,  with  intent  to  defraud, 
of  bringing  into  the  United  States,  or,  with  like  intent, 
attempting  to  bring  into  the  United  States,  dutiable  arti- 
cles without  passing  the  same,  or  the  package  containing 
the  same,  through  the  custom  house,  or  submitting  them 
to  the  officers  of  the  revenue  for  examination.  And  when- 
ever any  person  not  an  officer  of  the  United  States  shall 
furnish  to  a  district  attorney,  or  to  any  chief  officer  of  the 
customs,  original  information  concerning  any  fraud  upon 
the  customs-revenue,  perpetrated  or  contemplated,  which 
shall  lead  to  the  recovery  of  any  duties  withheld,  or  of 
any  fine,  penalty,  or  forfeiture  incurred,  whether  by  im- 
porters or  their  agents,  or  by  any  officer  or  person  em- 
ployed in  the  customs-service,  such  compensation  may,  on 
such  recovery,  be  paid  to  such  person  so  furnishing  infor- 
mation as  shall  be  just  and  reasonable,  not  exceeding  in 
any  case  the  sum  of  five  thousand  dollars;  which  compen- 
sation shall  be  paid,  under  the  direction  of  the  Secretary 
of  the  Treasury,  out  of  any  money  appropriated  for  that 
purpose. 

sec.  6.  No  payment  shall  be  made  to  any  person  furnishing 

information  in  any  case  wherein  judicial  proceedings  shall 
have  been  instituted,  unless  his  claim  to  compensation 
shall  have  been  established  to  the  satisfaction  of  the  court 
or  judge  having  cognizance  of  such  proceedings,  and  the 
value  of  his  services  duly  certified  by  said  court  or  judge 
for  the  information  of  the  Secretary  of  the  Treasury ;  but 
no  certificate  of  the  value  of  such  services  shall  be  conclu- 
sive of  the  amount  thereof.  And  when  any  fine,  penalty, 
or  forfeiture  shall  be  collected  without  judicial  proceed- 
ings, the  Secretary  of  the  Treasury  shall,  before  direct- 
ing payment  to  any  person  claiming  such  compensation, 
require  satisfactory  proof  that  such  person  is  justly  en- 
titled thereto. 

Sec.  7.  Except  in  cases  of  smuggling  as  aforesaid,  it  shall  not 

be  lawful  for  any  officer  of  the  United  States,  under  any 
pretense  whatever,  directly  or  indirectly,  to  receive,  ac- 
cept, or  contract  for  any  portion  of  the  money  which  may, 
under  any  of  the  provisions  of  this  or  any  other  act, 
accrue  to  any  such  person  furnishing  information;  and 
any  such  officer  who  shall  so  receive,  accept,  or  contract 
for  any  portion  of  the  money  that  may  accrue  as  aforesaid 
shall  be  guilty  of  a  misdemeanor,  and,  on  conviction 
thereof,  shall  be  liable  to  a  fine  not  exceeding  five  thou- 
sand dollars,  or  imprisonment  for  not  more  than  one 
year,  or  both,  in  the  discretion  of  the  court,  and  shall 
not  be  thereafter  eligible  to  any  office  of  honor,  trust,  or 
emolument. 


PABT  XIV. CUSTOMS  LAWS  DIBECTLY  RELATING  TO  VESSELS.    205 

And  any  such  person  so  furnishing  information  as 
aforesaid,  who  shall  pay  to  any  such  officer  of  the  United 
States,  or  to  any  person  for  his  use,  directly  or  indirectly, 
any  portion  of  said  money,  or  any  other  valuable  thing, 
on  account  of  or  because  of  such  money,  shall  have  a 
right  of  action  against  such  officer  or  other  person,  and 
his  legal  representatives,  to  recover  back  the  same,  or  the 
value  thereof. 

No  officer,  or  other  person  entitled  to  or  claiming  com-  «e<-8 
pensation  under  any  provision  of  this  act,  shall  be  thereby 
disqualified  from  becoming  a  witness  in  any  action,  suit, 
or.  proceeding  for  the  recovery,  mitigation,  or  remission 
thereof,  but  shall  be  subject  to  examination  and  cross- 
examination  in  like  manner  with  other  witnesses,  without 
being  thereby  deprived  of  any  right,  title,  share,  or  in- 
terest in  any  fine,  penalty,  or  forfeiture  to  which  such 
examination  may  relate;  and  in  every  such  case  the  de- 
fendant or  defendants  may  appear  and  testify  and  be  ex- 
amined and  cross-examined  in  like  manner. 
196.  Procedure. 

In  all  suits  and  proceedings  other  than  criminal  aris-  Sec.  5. 
ing  under  any  of  the  revenue-laws  of  the  United  States, 
the  attorney  representing  the  Government,  whenever,  in 
his  belief,  any  business-book,  invoice,  or  paper,  belonging 
to  or  under  the  control  of  the  defendant  or  claimant,  will 
tend  to  prove  any  allegation  made  by  the  United  States, 
may  make  a  written  motion,  particularly  describing  such 
book,  invoice,  or  paper,  and  setting  forth  the  allegation 
which  he  expects  to  prove;  and  thereupon  the  court  in 
which  suit  or  proceeding  is  pending  may,  at  its  discre- 
tion, issue  a  notice  to  the  defendant  or  claimant  to  pro- 
duce such  book,  invoice,  or  paper  in  court,  at  a  day  and 
hour  to  be  specified  in  said  notice,  which,  together  with  a 
copy  of  said  motion,  shall  be  served  formally  on  the  de- 
fendant or  claimant  by  the  United  States  marshal  by 
delivering  to  him  a  certified  copy  thereof,  or  otherwise 
serving  the  same  as  original  notices  of  suit  in  the  same 
court  are  served;  and  if  the  defendant  or  claimant  shall 
fail  or  refuse  to  produce  such  book,  invoice,  or  paper  in 
obedience  to  such  notice,  the  allegations  stated  in  the 
said  motion  shall  be  taken  as  confessed  unless  his  failure 
or  refusal  to  produce  the  same  shall  be  explained  to  the 
satisfaction  of  the  court.  And  if  produced,  the  said 
attorney  shall  be  permitted,  under  the  direction  of  the 
court,  to  make  examination  (at  which  examination  the 
defendant  or  claimant,  or  his  agent,  may  be  present)  of 
such  entries  in  said  book,  invoice,  or  paper  as  relate  to  or 
tend  to  prove  the  allegation  aforesaid,  and  may  offer  the 
same  in  evidence  on  behalf  of  the  United  States.  But  the 
owner  of  said  books  and  papers,  his  agent  or  attorney, 
shall  have,  subject  to  the  order  of  the  court,  the  custody 
of  them,  except  pending  their  examination  in  court  as 
aforesaid. 


206  NAVIGATION    LAWS   OF   THE   UNITED   STATES. 

Sec- lr>-  It  shall  be  the  duty  of  any  officer  or  person  employed  in 

the  customs-revenue  service  of  the  United  States,  upon 
detection  of  any  violation  of  the  customs  laws,  forthwith 
to  make  complaint  thereof  to  the  collector  of  the  district, 
whose  duty  it  shall  be  promptly  to  report  the  same  to  the 
district  attorney  of  the  district  in  which  such  frauds  shall 
be  committed.  Immediately  upon  the  receipt  of  such 
complaint,  if,  in  his  judgment,  it  can  be  sustained,  it 
shall  be  the  duty  of  such  district  attorney  to  cause  inves- 
tigation into  the  facts  to  be  made  before  a  United  States 
commissioner  having  jurisdiction  thereof,  and  to  initiate 
proper  proceedings  to  recover  the  fines  and  penalties  in 
the  premises,  and  to  prosecute  the  same  with  the  utmost 
diligence  to  final  judgment. 

sec. 17.  Whenever,  for  an  alleged  violation  of  the  customs-rev- 

enue laws,  any  person  who  shall  be  charged  with  having 
incurred  any  fine,  penalty,  forfeiture,  or  disability  other 
than  imprisonment,  or  shall  be  interested  in  any  vessel 
or  merchandise  seized  or  subject  to  seizure,  when  the 
appraised  value  of  such  vessel  or  merchandise  is  not  less 
than  one  thousand  dollars,  shall  present  his  petition  to 
the  judge  of  the  district  in  which  the  alleged  violation 
occurred,  or  in  which  the  property  is  situated,  setting 
forth,  truly  and  particularly,  the  facts  and  circumstances 
of  the  case,  and  praying  for  relief,  such  judge  shall,  if 
the  case,  in  his  judgment,  requires,  proceed  to  inquire,  in 
a  summary  manner  into  the  circumstances  of  the  case,  at 
such  reasonable  time  as  may  be  fixed  by  him  for  that  pur- 
pose, of  which  the  district  attorney  and  the  collector  shall 
be  notified  by  the  petitioner,  in  order  that  they  may  at- 
tend and  show  cause  why  the  petition  should  be  refused. 

sec  is.  rp|ie  summary  investigation  hereby  provided  for  may  be 

held  before  the  judge  to  whom  the  petition  is  presented, 
or  if  he  shall  so  direct,  before  any  United  States  commis- 
sioner for  such  district,  and  the  facts  appearing  thereon 
shall  be  stated  and  annexed  to  the  petition,  and,  together 
with  a  certified  copy  of  the  evidence,  transmitted  to  the 
Secretary  of  the  Treasury,  who  shall  thereupon  have 
power  to  mitigate  or  remit  such  fine,  penalty,  or  forfei- 
ture, or  remove  such  disability,  or  any  part  thereof,  if,  in 
his  opinion,  the  same  shall  have  been  incurred  without 
willful  negligence  or  any  intention  of  fraud  in  the  person 
or  persons  incurring  the  same,  and  to  direct  the  prosecu- 
tion, if  any  shall  have  been  instituted  for  the  recovery 
thereof,  to  cease  and  be  discontinued  upon  such  terms  or 
conditions  as  he  may  deem  reasonable  and  just. 

Sec- 19-  It  shall  not  be  lawful  for  any  officer  or  officers  of  the 

United  States  to  compromise  or  abate  any  claim  of  the 
United  States  arising  under  the  customs  laws,  for  any 
fine,  penalty,  or  forfeiture  incurred  by  a  violation  thereof ; 
and  any  officer  or  person  who  shall  so  compromise  or 
abate  any  such  claim,  or  attempt  to  make  such  compro- 
mise or  abatement,  or  in  any  manner  relieve  or  attempt  to 


PART  XIV. CUSTOMS  LAWS  DIRECTLY  RELATING  TO  VESSELS.     207 

relieve  from  such  fine,  penalty,  or  forfeiture,  shall  be 
deemed  guilty  of  a  felony,  and,  on  conviction  thereof, 
shall  suiter  imprisonment  not  exceeding  ten  years,  and  be 
fined  not  exceeding  ten  thousand  dollars. 

Nothing  in  this  section  shall  be  construed  to  affect  any  Jan.  22,  1875. 
authority,  power,  or  right  which  might  theretofore  have 
been  lawfully  exercised  by  any  court,  judge,  or  district 
attorney  of  the  United  States  to  obtain  the  testimony  of 
an  accomplice  in  any  crime  against,  or  fraud  upon  the 
customs-revenue  laws,  on  any  trial  or  proceeding  for  a 
fine,  penalty,  or  forfeiture  under  said  laws,  by  a  discon- 
tinuance or  dismissal,  or  by  an  engagement  to  discontinue 
or  dismiss  any  proceedings  against  such  accomplice. 

Provided,  however,  That  the  Secretary  of  the  Treasury  June  22, 1874. 
shall  have  power  to  remit  anj'  fines,  penalties,  or  forfei- 
tures, or  to  compromise  the  same,  in  accordance  with  ex- 
isting law. 

Whenever  any  application  shall  be  made  to  the  Secre-  Sec.  20. 
tary  of  the  Treasury  for  the  mitigation  or  remission  of 
any  fine,  penalty,  or  forfeiture,  or  the  refund  of  any 
duties,  in  case  the  amount  involved  is  not  less  than  one 
thousand  dollars,  the  applicant  shall  notify  the  district 
attorney  and  the  collector  of  customs  of  the  district  in 
which  the  duties,  fine,  penalty,  or  forfeiture  accrued ;  and 
it  shall  be  the  duty  of  such  collector  and  district  attorney 
to  furnish  to  the  Secretary  of  the  Treasury  all  practicable 
information  necessary  to  enable  him  to  protect  the  inter- 
ests of  the  United  States. 
197.  Oaths  of  masters  and  owners. 

Nothing  contained  in  this  Title  [E.  S.,  2517-3094]  shall  R-  s-« 3094- 
be  construed  to  exempt  the  masters  or  owners  of  vessels 
from  making  and  subscribing  any  oaths  required  by  any 
laws  of  the  United  States  not  immediately  relating  to  the 
collection  of  the  duties  on  the  importation  of  merchandise 
into  the  United  States. 


Part  XV.— ENTEY  OF  MERCHANDISE. 


198. 

Definitions. 

219. 

199. 

Ports  of  entry. 

220. 

200. 

Vessels  bound  to  port  of  delivery. 

201. 

Report  and  declaration  of  master. 

221. 

202. 

Special      inward      manifest     for 

Treasury  Department. 

222. 

203. 

Cargo  in  bulk. 

223. 

204. 

Bond  of  cargo  for  reexport. 

205. 

Inspection  of  merchandise  laden 

224. 

for  export. 

225. 

206. 

Transfer    of   imported   merchan- 

226. 

dise  for  export. 

227. 

207. 

Delivery  of  cargo  in  various  dis- 

228. 

tricts. 

229. 

208. 

Vessels  exempt  from  entry. 

230. 

209. 

Vessels     exempt     from     certain 

231. 

charges. 

232. 

210. 

Entry     of     wines     and    distilled 

spirits. 

233. 

211. 

Sea  stores. 

234. 

212. 

Coal. 

235. 

213. 

Baggage  and  tools  of  trade. 

236. 

214. 

Cigars. 

237. 

215. 

Oaths. 

238. 

216. 

Inward  manifests. 

217. 

Inspection   of   inward    manifests 

239. 

by  boarding  officer. 

240. 

218.  Entry  of  merchandise  at  special 

241. 

ports. 

Clearance  at  special  ports. 

Entry  of  merchandise  for  differ- 
ent port  of  destination. 

Comparison  of  cargo  and  mani- 
fest. 

Illegal  unlading. 

Special  permit  to  unlade  by  night 
and  preliminary  entry. 

Unlading  by  day. 

Supervision  of  unlading. 

Limit  of  time  for  unlading. 

Unlading  of  wines  and  spirits. 

Post  entry. 

Returns  of  unlading  of  cargo. 

Vessels  in  distress. 

Obstruction  by  ice. 

Unlawful  removal  of  bonded  mer- 
chandise. 

Transportation  in  bond. 

Transportation  to  special  ports. 

Immediate  delivery. 

Immediate  transportation. 

Salvage  of  merchandise. 

Fraudulent  importation  of  mer- 
chandise. 

Bribery  and  solicitation  of  bribes. 

Express  packages. 

Liens  for  freight  or  general  aver- 
age. 


198.  Definitions. 

The  word  "  merchandise,"1  as  used  in  this  Title  [R.  S., 
2517-3120],  may  include  goods,  wares,  and  chattels  of 
every  description  capable  of  being  imported. 

The  word  "  port,"  as  used  in  this  Title  f  R.  S.,  2517- 
3129],  may  include  any  place  from  which  merchandise 
can  be  shipped  for  importation,  or  at  which  merchandise 
can  be  imported. 

The  word  "  master,"  as  used  in  this  Title  [R.  S.,  2517- 
3129],  may  include  any  person  having  the  chief  charge  or 
command  of  the  employment  and  navigation  of  a  vessel. 

In  cases  where  the  forms  of  official  documents,  as  pre- 
scribed by  this  Title  [R.  S.,  2517-3129],  shall  be  substan- 
tially complied  with  and  observed,  according  to  the  true 
intent  thereof,  no  penalty  or  forfeiture  shall  be  incurred 
l>V  a  deviation  therefrom. 


208 


PART    XV. ENTRY    OF    MERCHANDISE.  209 

199.  Ports  of  entry. 

It  shall  not  be  lawful  to  make  entry  of  any  vessel  which  K  a-  -770- 
shall  arrive  within  the  United  States,  from  any  foreign 
port,  or  of  the  cargo  on  hoard  such  vessel,  elsewhere  than 
at  one  of  the  ports  of  entry  designated  in  chapter  one 
|  R.  S.,  2517-2612]  of  this  Title  [K.  S.,  2517-3129];  nor 
to  unlade  the  cargo,  or  any  part  thereof,  elsewhere  than 
at  one  of  the  ports  of  delivery  therein  designated,  except 
that  every  port  of  entry  shall  be  also  a  port  of  delivery. 
This  section  shall  not  prevent  the  master  or  commander 
of  any  vessel  from  making  entry  with  the  collector  of  any 
district  in  which  such  vessel  may  be  owned,  or  from 
which  she  may  have  sailed  on  the  voyage  from  which  she 
shall  then  have  returned. 

[For  list  of  ports  of  entry,  see  par.  4~S.  p.  554.] 
Vessels  which  are  not  vessels  of  the  United  States  shall  K-  s-  2771- 
be  admitted  to  unlade  only  at  ports  of  entry  established 
by  law:  and  no  such  vessel  shall  be  admitted  to  make 
entry  in  any  other  district  than  in  the  one  in  which  she 
shall  be  admitted  to  unlade. 

200.  Vessels  bound  to  port  of  delivery. 

The  master  of  every  vessel  bound  to  a  port  of  delivery  R" s"  2772# 
only,  in  any  district,  shall  first  come  to  at  the  port  of 
entry  of  such  district,  with  his  vessel,  and  there  make 
report  and  entry  in  writing,  and  pay  all  duties  required 
by  law,  port  fees  and  charges,  before  such  vessel  shall 
proceed  to  her  port  of  delivery.  Any  master  of  a  vessel 
who  shall  proceed  to  a  port  of  delivery  contrary  to  such 
directions  shall  be  liable  to  a  penalty  of  five  hundred 
dollars,  to  be  recovered  with  costs  of  suit. 

201.  Report  and  declaration  of  master. 

Within  twenty-four  hours  after  the  arrival  of  any  ves-  R-  s-  2774# 
sel,  from  any  foreign  port,  at  any  port  of  the  United 
States  established  by  law.  at  which  an  officer  of  the  cus- 
toms resides,  or  within  any  harbor,  inlet,  or  creek  thereof, 
in  the  hours  of  business  at  the  office  of  the  chief  officer  of 
the  customs  at  such  port  will  permit,  or  as  soon  thereafter 
as  such  hours  will  permit,  the  master  shall  repair  to  such 
office,  and  make  report  to  the  chief  officer,  of  the  arrival 
of  the  vessel;  and  he  shall,  within  forty-eight  hours 
after  such  arrival,  make  a  further  report  in  writing,  to 
the  collector  of  the  district,  which  report  shall  be  in  the 
form,  and  shall  contain  all  the  particulars  required  to  be 
inserted  in,  and  verified  like,  a  manifest.  Every  master 
who  shall  neglect  or  omit  to  make  either  of  such  reports 
and  declarations,  or  to  verify  any  such  declaration  as 
required,  or  shall  not  fully  comply  with  the  true  intent 
and  meaning  of  this  section,  shall,  for  each  offense,  be 
liable  to  a  penalty  of  one  thousand  dollars. 

143562°— 19 14 


210  NAVIGATION    LAWS   OF    THE  UNITED   STATES. 

r.  s.,  2775.  The  master  of  any  vessel  having  on  board  distilled 

spirits,  or  wines,  shall,  within  forty-eight  hours  after  his 
arrival,  whether  the  same  be  at  the  first  port  of  arrival  of 
such  vessel  or  not,  in  addition  to  the  requirements  of  the 
preceding  section,  report  in  writing  to  the  surveyor  or  offi- 
cer acting  as  inspector  of  the  revenue  of  the  port  at  which 
he  has  arrived,  the  foreign  port  from  which  he  last 
sailed,  the  name  of  his  vessel,  his  own  name,  the  tonnage 
and  denomination  of  such  vessel,  and  to  what  nation  be- 
longing, together  with  the  quantity  and  kinds  of  spirits 
and  wines,  on  board  of  the  vessel,  particularizing  the 
number  of  casks,  vessels,  cases,  or  other  packages  contain- 
ing the  same,  with  their  marks  and  numbers,  as  also  the 
quantity  and  kinds  of  spirits  and  wines,  on  board  such 
vessel  as  sea-stores,  and  in  default  thereof  he  shall  be 
liable  to  a  penalty  of  five  hundred  dollars  and  any  spirits 
omitted  to  be  reported  shall  be  forfeited. 

r.  s.,  2773.  If  any  vessel,  having  arrived  within  the  limits  of  any 

collection-district,  from  any  foreign  port,  departs,  or 
attempts  to  depart  from  the  same,  unless  to  proceed  on 
her  way  to  some  more  interior  district  to  which  she  may 
be  bound,  before  report  or  entry  shall  have  been  made  by 
the  master  with  the  collector  of  some  district,  the  master 
shall  be  liable  to  a  penalty  of  four  hundred  dollars ;  and 
any  collector,  naval  officer,  surveyor,  or  commander  of 
any  revenue- cutter  may  cause  such  vessel  to  be  arrested 
and  brought  back  to  the  most  convenient  port  of  the 
United  States.  If,  however,  it  is  made  to  appear  by  the 
oath  of  the  master,  and  of  the  person  next  in  command, 
or  by  other  sufficient  proof  to  the  satisfaction  of  the 
collector  of  the  district  within  which  such  vessel  shall 
afterward  come,  or  to  the  satisfaction  of  the  court  in 
which  the  prosecution  for  such  penalty  may  be  had,  that 
the  departure  or  attempt  to  depart  was  occasioned  by 
stress  of  weather,  pursuit  or  duress  of  enemies,  or  other 
necessity,  the  penalty  imposed  by  this  section  shall  not  be 
incurred. 
202.  Special  inward  manifest  for  Treasury  Department. 

secr'92'  1895-  Each  master  of  a  vessel  arriving  in  the  United  States 
from  a  foreign  port  except  vessels  carrying  traffic  in  bond 
on  transfer  ferries  shall,  immediately  upon  landing  and 
before  entering  his  vessel  at  the  custom-house,  mail  to  the 
Auditor  for  the  Treasury  Department,  Washington,  a 
true  copy  of  the  manifest  of  his  vessel,  and  shall  on  enter- 
ing his  vessel  make  affidavit  that  he  has  mailed  such  copy 
and  that  the  same  is  true  and  correct;  and  he  shall  also 
mail  to  the  said  Auditor  a  true  copy  of  the  corrected 
manifest  filed  on  any  post  entry  of  his  vessel.  Any  mas- 
ter who  neglects  or  refuses  to  mail  to  the  Auditor  the  re- 
quired copy  of  the  original  or  corrected  manifest  shall 
be  subject  to  the  same  fines  and  penalties  fixed  by  law  for 
his  failure  to  deliver  the  manifest  of  his  vessel  to  the  col- 


PART   XV. ENTRY    OP    MERCHANDISE.  211 

lector:  Provided,  That  this  section  shall  not  apply  to 
ports  where  there  is  a  naval  officer. 

203.  Cargo  in  bulk. 

Vessels  arriving  at  a  port  of  entry  in  the  United  States,  j{,f e*  fj™  884 
laden  with  coal,  salt,  railroad  iron  and  other  like  articles  sec.  29. ' 
in  bulk  may  proceed  to  places  within  that  collection  dis- 
trict to  be  specially  designated  by  the  Secretary  of  the 
Treasury  by  general  regulations  or  otherwise,  under  the 
superintendence  of  customs  officers,  at  the  expense  of  the 
parties  interested,  for  the  purpose  of  unlading  cargoes  of 
the  character  before  mentioned. 

204.  Bond  of  cargo  for  reexport. 

Any  vessel  may  proceed  with  any  merchandise  brought  R-  s#* 2776- 
in  her,  and,  in  the  manifest  delivered  to  the  collector  of 
the  customs,  reported  as  destined  for  any  foreign  port, 
from  the  district  within  which  such  vessel  shall  first 
arrive  to  such  foreign  port  without  paying  or  securing 
the  payment  of  any  duties  upon  such  merchandise  as  shall 
be  actually  re-exported  in  the  vessel.  But  the  manifest 
so  declaring  to  re-export  such  merchandise  shall  be  de- 
livered to  such  collector  within  forty-eight  hours  after 
the  arrival  of  the  vessel.  And  the  master  of  such  vessel 
shall  give  bond  as  required  by  the  next  section. 

The  master  of  any  vessel  so  destined  for  a  foreign  port  R-  s> 2777- 
shall  give  bond,  with  one  or  more  sureties,  in  a  sum  equal 
to  the  amount  of  the  duties  upon  the  merchandise,  as  the 
same  shall  be  estimated  by  the  collector  and  naval  officer 
of  the  port  where  the  report  shall  be  made,  to  the  satis- 
faction of  the  collector,  with  condition  that  the  merchan- 
dise, or  any  part  thereof,  shall  not  be  landed  within  the 
United  States,  unless  due  entry  thereof  shall  have  been 
first  made  and  the  duties  thereupon  paid,  according  to 
law.  Such  bond  shall  be  taken  for  the  same  period,  and 
canceled  in  like  manner,  as  a  bond  given  for  obtaining 
drawback  of  duties.  No  such  bond  shall  be  required  in 
respect  to  merchandise  on  board  of  any  vessel  which  has 
put  into  the  United  States  from  a  necessity,  shown  as 
prescribed  in  section  twenty-seven  hundred  and  seventy- 
three. 

The  collector  receiving  any  bond  conditioned  for  the  R-  s.,  2778. 
payment  of  duties  upon  merchandise  reported  as  des- 
tined for  a  foreign  port,  in  case  the  same  shall  be  landed 
within  the  United  States,  or  any  other  bonds  taken  upon 
the  exportation  of  merchandise  entitled  to  drawback, 
shall  immediately  after  the  time  when  by  the  conditions 
of  the  same  they  ought  to  be  canceled,  put  the  same  in 
suit,  provided  the  proof  of  the  occurrence  of  such  a  neces- 
sity as  excuses  a  landing  of  such  goods  within  the  United 
States  has  not  been  produced,  or  further  time  granted 
therefor  by  the  Secretary  of  the  Treasury. 


212  NAVIGATION    LAWS   OF    THE   UNITED   STATES. 

205.  Inspection  of  merchandise  laden  for  export. 

r.  s.,  3035.  The  collector  shall  direct  the  surveyor,  where  any,  to 

inspect,  or  cause  to  be  inspected,  the  merchandise  notified 
for  exportation,  and  if  it  is  found  to  correspond  fully  with 
the  notice  and  proof  concerning  the  same,  the  collector, 
together  with  the  naval  officer,  if  any,  shall  grant  a  permit 
for  lading  the  same  on  board  of  the  vessel  named  in  such 
notice  and  entry.  Such  lading  shall  be  performed  under 
the  superintendence  of  the  officer  by  whom  the  same  has 
been  so  inspected ;  and  the  exporter  shall  make  oath  that 
the  merchandise,  so  noticed  for  exportation,  and  laden  on 
board  such  vessel,  previous  to  the  clearance  thereof,  or 
within  ten  days  after  such  clearance,  is  truly  intended  to 
be  exported  to  the  place  whereof  notice  has  been  given, 
and  is  not  intended  to  be  relanded  within  the  United 
States ;  otherwise  the  merchandise  shall  not  be  entitled  to 
the  benefit  of  drawback. 

206.  Transfer  of  imported  merchandise  for  export. 

r.  s.,  3036.  All  merchandise  imported  into  the  United  States,  the 

duties  on  which  have  been  paid,  or  secured  to  be  paid, 
may  be  transported  by  land,  or  partly  by  land  and  partly 
by  water,  or  coastwise,  from  the  district  into  which  it  was 
imported  to  any  port  of  entry  and  exported  from  such 
port  of  entry  with  the  benefit  of  drawback. 

207.  Delivery  of  cargo  in  various  districts. 

r.  s.,  2779.  Any  vessel  in  which  any  merchandise  is  brought  into 

the  United  States  from  any  foreign  port,  and  which  is 
specified  in  the  manifest  verified  before  the  collector  of 
the  port  in  which  such  vessel  first  arrives,  to  be  destined 
for  other  districts,  may  proceed  with  the  same  from  dis- 
trict to  district  within  the  United  States,  in  order  to  the 
landing  or  delivery  thereof ;  and  the  duties  on  such  of  the 
merchandise  only  as  shall  be  landed  in  any  district  shall 
be  paid  within  such  district. 

r.  s.,  2780.  Before  any  vessel  departs  from  the  district  in  which  she 

shall  first  arrive  for  another  district,  provided  such  de- 
parture is  not  within  forty-eight  hours  after  her  arrival 
within  such  district,  with  merchandise  brought  in  such 
vessel  from  a  foreign  port  on  which  the  duties  have  not 
been  paid,  the  master  shall. obtain  from  the  collector  of  the 
district  from  which  she  is  about  to  depart,  who  is  hereby 
required  to  grant  the  same,  a  copy  of  the  report  and 
manifest  made  by  such  master,  certified  by  the  collector, 
to  which  copy  shall  be  annexed  a  certificate  of  the  quan- 
tity and  particulars  of  the  merchandise  which  appears  to 
him  to  have  been  landed  within  his  district,  or  of  the 
quantity  and  particulars  of  the  merchandise  which  re- 
mains on  board  and  upon  which  the  duties  are  to  be  paid 
in  some  other  district. 

r.  s„  2781.  Within  twenty-four  hours  after  the  arrival  of  such  ves- 

sel within  any  other  district,  the  master  shall  make  report 


PART  XV. ENTRY   OF    MERCHANDISE.  21 3 

or  entry  to  or  with  the  collector  of  such  other  district, 
producing  and  showing  the  certified  copy  of  his  first 
report,  together  with  a  certificate  from  each  collector  of 
any  other  district  within  which  any  of  the  merchandise, 
brought  in  such  vessel,  has  been  landed,  of  the  quantity 
and  particulars  of  such, merchandise  as  has  been  landed 
in  each  district  respectively. 

The  master  shall,  however,  first  give  bond,  with  one  or  R.  s.,  2782. 
more  sureties,  to  the  satisfaction  of  the  collector  of  the 
district  within  which  the  vessel  first  arrives,  in  a  sum 
equal  to  the  amount  of  the  duties  on  the  residue  of  the 
merchandise,  according  to  such  estimate  as  the  collector 
shall  form  thereof,  with  condition  that  the  residue  of 
such  merchandise  shall  be  duly  entered  and  delivered  in 
another  district  for  which  the  same  has  been  reported  to 
be  destined. 

The  bond  shall  be  canceled  or  discharged  within  six  R.  s.,  2783. 
calendar  months  from  the  date  thereof,  by  the  production 
of  certificates  from  the  collectors  of  the  districts  for 
which  the  merchandise  has  been  reported,  showing  the 
due  entry  and  delivery  of  the  merchandise  in  such  dis- 
tricts, or  upon  due  proof  to  the  satisfaction  of  the  col- 
lector by  whom  the  bond  was  taken,  and  to  the  naval 
officer  of  the  port,  if  any,  that  such  entry  and  delivery 
were  prevented  by  some  unavoidable  accident  or  casualty, 
and  if  the  whole  or  any  part  of  the  merchandise  has  not 
been  lost,  that  it  has  been  duly  entered  and  delivered 
within  the  United  States. 

If  the  master  of  any  such  vessel  fails  by  his  neglect  or  R.  s.,  2784. 
fault  to  obtain  the  copy  of  his  report  from  the  collector 
of  the  district  from  which  he  is  about  to  depart,  or  any 
certificate  which  he  ought  to  obtain,  or  neglects  to  ex- 
hibit the  same  to  the  collector  of  any  other  district  to 
which  the  vessel  afterward  proceeds,  wTithin  the  time  for 
that  purpose  allowed,  he  shall  be  liable  to  a  penalty,  for 
every  such  neglect  or  omission,  of  five  hundred  dollars. 
208.  Vessels  exempt  from  entry. 

It  shall  not  be  necessary  for  the  master  of  any  vessel  of  R-  s.,  2791. 
war,  or  of  any  vessel  employed  by  any  prince,  or  state,  as 
a  public  packet  for  the  conveyance  of  letters  and  dis- 
patches, and  not  permitted  by  the  laws  of  such  prince  or 
state  to  be  employed  in  the  transportation  of  merchan- 
dise, in  the  way  of  trade,  to  make  report  and  entry. 

Vessels  used  exclusively  as  ferry-boats  carrying  pas-  R-  s.,  2792. 
sengers,  baggage,  and  merchandise,  shall  not  be  required 
to  enter  and  clear,  nor  shall  the  masters  of  such  vessels  be 
required  to  present  manifests,  or  to  pay  entrance  or  clear- 
ance fees,  or  fees  for  receiving  or  certifying  manifests, 
but  they  shall,  upon  arrival  in  the  United  States,  be  re- 
quired to  report  such  baggage  and  merchandise  to  the 
proper  officer  of  the  customs  according  to  law. 


214  NAVIGATION    LAWS   OF   THE   UNITED  STATES. 

May  28,  1908.  \ny  passenger  vessel  engaged  triweekly  or  oftener  in 
trade  between  ports  of  the  United  States  and  foreign 
ports  shall  be  exempt  from  entrance  and  clearance  fees 
and  tonnage  taxes  while  such  service  triweekly  or  oftener 
is  maintained. 

209.  Vessels  exempt  from  certain  charges. 

r.  s.,  2793.  Enrolled  or  licensed  vessels  engaged  in  the  foreign  and 

coasting  trade  on  the  northern,  northeastern  and  north- 
western frontiers  of  the  United  States,  departing  from  or 
arriving  at  a  port  in  one  district  to  or  from  a  port  in  an- 
other district,  and  also  touching  at  intermediate  foreign 
ports,  shall  not  thereby  become  liable  to  the  payment  of 
entry  and  clearance  fees,  or  tonnage  tax,  as  if  from  or  to 
foreign  ports ;  but  such  vessels  shall,  notwithstanding,  be 
required  to  enter  and  clear. 

210.  Entry  of  wines  and  distilled  spirits. 

r.  s.,  2794.  Every  importer  of  distilled  spirits  or  wines,  or  person 

to  whom  distilled  spirits  or  wines  are  consigned,  shall 
make  a  separate  and  additional  entry  thereof,  specifying 
the  name  of  the  vessel,  and  her  master,  in  which,  and  the 
place  from  which,  such  spirits  or  wines  were  imported, 
together  with  the  quantity  and  quality  thereof,  and  a  par- 
ticular detail  of  the  casks  or  receptacles  containing  the 
same,  with  their  marks  and  numbers;  such  entry  shall  be 
subscribed  by  the  person  making  the  same,  for  himself, 
or  in  behalf  of  the  person  to  whom  such  entry  is  made, 
and  shall  be  certified  by  the  collector,  before  whom  it  is 
made,  as  a  true  copy,  and  conformable  to  the  general 
entry  before  directed,  in  respect  to  all  distilled  spirits  and 
wines  therein  contained ;  such  entry  thus  certified  shall  be 
transmitted  to  the  surveyor  or  officer  acting  as  inspector 
of  the  revenue  for  the  port  where  it  is  intended  to  com- 
mence the  delivery  of  such  spirits  or  wines. 

211.  Sea  stores. 

r.  s.,  2795.  In  order  to  ascertain  what  articles  ought  to  be  exempt 

from  duty  as  the  sea-stores  of  a  vessel,  the  master  shall 
particularly  specify  the  articles,  in  the  report  or  manifest 
to  be  by  him  made,  designating  them  as  the  sea-stores  of 
such  vessel ;  and  in  the  oath  to  be  taken  by  such  master, 
on  making  such  report,  he  shall  declare  that  the  articles 
so  specified  as  sea-stores  are  truly  such,  and  are  not  in- 
tended by  way  of  merchandise  or  for  sale ;  whereupon  the 
articles  shall  be  free  from  duty. 

it.  s.,  2796.  Whenever  it  appears  to  the  collector  to  whom  a  report 

and  manifest  of  sea-stores  are  delivered,  together  with  the 
naval  officer,  where  there  is  one,  or  alone,  where  there  is 
no  naval  officer,  that  the  quantities  of  the  articles,  or  any 
part  thereof,  reported  as  sea-stores,  are  excessive,  the  col- 
lector, jointly  with  the  naval  officer,  or  alone,  as  the  case 
may  be,  may  in  his  discretion  estimate  the  amount  of  the 


Mar.   ?„   1897 
Sec.  17. 


PART  XV. — ENTRY   OF   MERCHANDISE.  215 

duty  on  such  excess ;  which  shall  be  forthwith  paid  by  the 
master,  to  the  collector,  on  pain  of  forfeiting  the  value  of 
such  excess. 

If  any  other  or  greater  quantity  of  articles  are  found  R.  S.,  2797. 
on  board  such  vessel  as  sea-stores  than  are  specified  in  an 
entry  of  sea-stores,  or  if  any  of  the  articles  are  landed 
without  a  permit  first  obtained  from  the  collector,  and 
naval  officer  if  any,  for  that  purpose,  all  such  articles  as 
are  not  included  in  the  report  or  manifest  by  the  master, 
and  all  which  are  landed  without  a  permit,  shall  be  for- 
feited, and  may  be  seized ;  and  the  master  shall  moreover 
be  liable  to  a  penalty  of  treble  the  value  of  the  articles 
omitted  or  landed. 

Sea  stores  and  the  legitimate  equipment  of  vessels  be- 
longing to  regular  lines  plying  between  foreign  ports  and 
the  United  States  delayed  in  port  for  any  cause  may  be 
transferred  in  such  port  of  the  United  States  under  the 
supervision  of  the  customs  officers  from  one  vessel  to  an- 
other vessel  of  the  same  owner  without  payment  of  duties, 
but  duties  must  be  paid  on  such  stores  or  equipments 
landed  for  consumption,  except  American  products. 

212.  Coal. 
The  master  of  any  vessel  propelled  by  steam,  arriving  R-  s-  279a 

at  any  port  in  the  United  States,  may  retain  all  the  coal 
such  vessel  may  have  on  board  at  the  time  of  her  arrival, 
and  may  proceed  with  such  coal  to  a  foreign  port,  without 
being  required  to  land  the  same  in  the  United  States,  or 
to  pay  any  duty  thereon. 

213.  Baggage  and  tools  of  trade. 
In  order  to  ascertain  what  articles  ought  to  be  ex-  r.  s.,2799 

empted  as  the  wearing  apparel,  and  other  personal  bag- 
gage, and  the  tools  or  implements  of  a  mechanical  trade 
only,  of  persons  who  arrive  in  the  United  States,  due  entry 
thereof,  as  of  other  merchandise,  but  separate  and  distinct 
from  that  of  any  other  merchandise,  imported  from  a 
foreign  port,  shall  be  made  with  the  collector  of  the  dis- 
trict in  which  the  articles  are  intended  to  be  landed  by 
the  owner  thereof,  or  his  agent,  expressing  the  persons 
by  whom  or  for  whom  such  entry  is  made,  and  particu- 
larizing the  several  packages,  and  their  contents,  with 
their  marks  and  numbers;  and  the  person  who  shall  make 
the  entry  shall  take  and  subscribe  an  oath  before  the  col- 
lector, declaring  that  the  entry  subscribed  by  him  and  to 
wdiich,  the  oath  is  annexed  contains,  to  the  best  of  his 
knowledge  and  belief,  a  just  and  true  account  of  the  con- 
tents of  the  several  packages  mentioned  in  the  entry, 
specifying  the  name  of  the  vessel,  of  her  master,  and  of 
the  port  from  which  she  has  arrived ;  and  that  such  pack- 
ages contain  no  merchandise  whatever  other  than  wearing 
apparel,  personal  baggage,  or,  as  the  case  may  be,  tools 
of  trade,  specifying  it ;  that  they  are  all  the  property  of 
a  person  named  who  has  arrived,  or  is  shortly  expected 


216  NAVIGATION    LAWS    OF    THE   UNITED   STATES 

to  arrive  in  the  United  States,  and  are  not  directly  or 
indirectly  imported  for  any  other,  or  intended  for  sale. 

r.  s.,  2800.  Whenever  the  person  making  entry  of  any  articles  as 

wearing  apparel,  personal  baggage,  tools,  or  implements, 
is  not  the  owner  of  them,  he  shall  give  bond  with  one  or 
more  sureties,  to  the  satisfaction  of  the  collector,  in  a  sum 
equal  to  the  duties  on  like  articles  imported  subject  to 
duty,  upon  the  condition  that  the  owner  of  the  articles 
shall,  within  one  year,  personally  make  an  oath  such  as  is 
prescribed  in  the  preceding  section. 

r.  s.,  280i.  On  compliance  with  the  two  preceding  sections,  and  not 

otherwise,  a  permit  shall  be  granted  for  landing  such 
articles.  But  whenever  the  collector  and  the  naval  officer, 
if  any,  think  proper,  they  may  direct  the  baggage  of  any 
person  arriving  within  the  United  States  to  be  examined 
by  the  surveyor  of  the  port,  or  by  an  inspector  of  the  cus- 
toms, who  shall  make  a  return  of  the  same;  and  if  any 
articles  are  contained  therein  which  in  their  opinion 
ought  not  to  be  exempted  from  duty,  clue  entry  of  them 
shall  be  made  and  the  duties  thereon  paid. 

r.  s.,  2S02.  Whenever  any  article  subject  to  duty  is  found  in  the 

baggage  of  any  person  arriving  within  the  United  States, 
which  was  not,  at  the  time  of  making  entry  for  such  bag- 
gage, mentioned  to  the  collector  before  whom  such  entry 
was  made,  by  the  person  making  entry,  such  article  shall 
be  forfeited,  and  the  person  in  whose  baggage  it  is  found 
shall  be  liable  to  a  penalty  of  treble  the  value  of  such 
article. 

214.  Cigars. 

r.  s.,  2804.  jf0  cigars  shall  be  imported  unless  the  same  are  packed 

in  boxes  of  not  more  than  five  hundred  cigars  in  each 
box;  and  no  entry  of  any  imported  cigars  shall  be 
allowed  of  less  quantity  than  three  thousand  in  a  single 
package;  and  all  cigars  on  importation  shall  be  placed  in 
public  store  or  bonded  warehouse,  and  shall  not  be  re- 

leUS'47'  1S94'  moved  therefrom  until  the  same  shall  have  been  inspected 
and  a  stamp  affixed  to  each  box  indicating  such  inspec- 
tion, and  also  a  serial  number  to  be  recorded  in  the  cus- 
tom-house. And  the  Secretary  of  the  Treasury  is  hereby 
authorized  to  provide  the  requisite  stamps,  and  to  make 
all  necessary  regulations  for  carrying  the  above  provi- 
sions of  law  into  effect. 

215.  Oaths. 

r.  s.,  2805.  All  oaths  to  be  taken  upon  making  of  any  of  the  reports 

or  entries,  or  respecting  any  of  the  acts  mentioned  in  this 
chapter  [R,  S.  276G-2866],  whether  by  a  master  of  any 
vessel,  or  the  owner  or  consignee  of  any  merchandise,  his 
factor  or  agent,  or  by  any  other  person,  shall  be  adminis- 
tered by  the  collector,  or  officer  to  or  with  whom  the  re- 
port or  entry  is  made,  and  shall  be  reduced  to  writing, 
and  subscribed  by  the  person  taking  and  by  the  person 
administering  the  oath. 


PART   XV. ENTRY    OF    MERCHANDISE. 


217 


And  such  clerks  and  inspectors  of  customs  as  the  Sec-  SeP*-  30>  189°- 
retary  of  the  Treasury  may  designate  for  the  purpose 
shall  be  authorized  to* administer  oaths,  such  as  deputy 
collectors  of  customs  are  now  authorized  to  administer, 
and  no  compensation  shall  be  paid  or  charge  made 
therefor. 
216.  Inward  manifests. 

No    merchandise    shall    be   brought   into    the   United  RS.,2806. 
States,  from  any  foreign  port,  in  any  vessel  unless  the 
master  has  on  board  manifests  in  writing  of  the  cargo, 
signed  by  such  master. 

Every  manifest  required  by  the  preceding  section  shall  R  s.,2807. 
contain : 

First.  The  name  of  the  ports  where  the  merchandise  in 
such  manifest  mentioned  were  taken  on  board,  and  the 
ports  within  the  United  States  for  which  the  same  are 
destined;  particularly  noting  the  merchandise  destined 
for  each  port  respectively. 

Provided,  however,  That  the  master  of  a  vessel  laden  June  3'  1892- 
exclusively  either  with  sugar,  coal,  salt,  hides,  dyewoods, 
wool,  or  jute  butts,  consigned  to  one  consignee,  arriving 
at  a  port  for  orders,  may  be  permitted  to  destine  such 
cargo  or  determine  its  disposition  "  for  orders,"  upon  en- 
tering the  vessel  at  the  custom-house,  and,  within  fifteen 
days  afterward  and  before  the  unloading  of  any  part  of 
the  cargo,  to  amend  the  manifest  by  designating  the  actual 
port  of  discharge  of  such  cargo : 

Provided  further,  That  in  the  event  of  failure  to  desig- 
nate the  port  of  discharge  within  fifteen  days  such  cargo 
must  be  discharged  at  the  port  where  the  vessel  entered. 

Second.  The  name,  description,  and  build  of  the  vessel ;  R-  S.,  2807. 
the  true  admeasurement  or  tonnage  thereof;  the  port  to 
which  such  vessel  belongs;  the  name  of  each  owner,  ac- 
cording to  the  register  of  the  same ;  and  the  name  of  the 
master  of  such  vessel. 

Third.  A  just  and  particular  account  of  all  the  merchan- 
dise, so  laden  on  board,  whether  in  packages  or  stowed 
loose,  of  any  kind  or  nature  whatever,  together  with  the 
marks  and  numbers  as  marked  on  each  package,  and  the 
number  or  quantity  and  description  of  the  packages  in 
words  at  length,  whether  leaguer,  pipe,  butt,  puncheon, 
hogshead,  barrel,  keg,  case,  bale,  pack,  truss,  chest,  box, 
band-box,  bundle,  parcel,  cask,  or  package,  of  any  kind  or 
sort,  describing  the  same  by  its  usual  name  or  denomina- 
tion. 

Fourth.  The  names  of  the  persons  to  whom  such  pack- 
ages are  respectively  consigned,  agreeably  to  the  bills  of 
lading  signed  for  the  same,  unless  when  the  goods  are  con- 
signed to  order,  when  it  shall  be  so  expressed  in  the 
manifest. 

Fifth.  The  names  of  the  several  passengers  on  board 
the  vessel,  distinguishing  whether  cabin  or  steerage  pas- 
sengers, or  both,  with  their  baggage,  specifying  the  num- 
ber and  description  of  packages  belonging  to  each  respec- 
tively. 


R.  S.,  2810. 


218  NAVIGATION   LAWS  OF   THE  UNITED  STATES. 

Sixth.  An  account  of  the  sea-stores  remaining,  if  any. 
r.  s.,  2808.  jf  merchandise  shall  be  imported,  destined  to  be  deliv- 

ered in  different  districts  or  ports,  the  quantities  and 
packages  so  destined  to  be  delivered  shall  be  inserted  in 
successive  order  in  the  manifest;  and  all  spirits  and 
wines  constituting  the  whole  or  any  part  of  the  cargo  of 
any  vessel  shall  also  be  inserted  in  successive  order,  dis- 
tinguishing the  ports  to  which  the  same  may  be  destined, 
and  the  kinds,  qualities,  and  quantities  thereof. 
r.  s.,  2809.  jf  anv,  merchandise  is  brought  into  the  United  States 

in  any  vessel  whatever  from  any  foreign  port  without 
having  such  a  manifest  on  board,  or  which  shall  not  be 
included  or  described  in  the  manifest,  or  shall  not  agree 
therewith,  the  master  shall  be  liable  to  a  penalty  equal  to 
the  value  of  such  merchandise  not  included  in  such  mani- 
fest ;  and  all  such  merchandise  not  included  in  the  mani- 
fest belonging  or  consigned  to  the  master,  mate,  officers, 
or  crew  of  such  vessel,  shall  be  forfeited. 

Whenever  it  is  made  to  appear  to  the  satisfaction  of 
the  collector,  naval  officer,  and  surveyor,  or  to  the  major 
part  of  them,  where  those  officers  are  established  at  any 
port,  or  to  the  satisfaction  of  the  collector  alone,  where 
either  of  the  other  of  the  officers  is  not  established,  or  to 
the  satisfaction  of  the  court  in  which  a  trial  shall  be  had 
concerning  such  forfeiture,  that  no  part  of  the  cargo  of 
any  vessel  without  proper  manifests  was  unshipped,  after 
it  was  taken  on  board,  except  such  as  shall  have  been 
particularly  specified  and  accounted  for  in  the  report  of 
the  master,  and  that  the  manifests  have  been  lost  or  mis- 
laid, without  fraud  or  collusion,  or  were  defaced  by  acci- 
dent, or  became  incorrect  by  mistake,  no  forfeiture  or 
penalty  shall  be  incurred  under  the  preceding  section. 
217.  Inspection  of  inward  manifests  by  boarding  officer. 

Every  master  of  any  vessel  laden  with  merchandise, 
and  bound  to  any  port  in  the  United  States  shall,  on  his 
arrival  within  four  leagues  of  the  coast  thereof,  or  within 
any  of  the  bays,  harbors,  ports,  rivers,  creeks,  or  inlets, 
thereof,  upon  demand,  produce  the  manifests  in  writing, 
which  such  master  is  required  to  have  on  board  his  vessel, 
to  such  officer  of  the  customs  as  first  comes  on  board  his 
vessel,  for  inspection,  and  shall  deliver  to  such  officer  true 
copies  thereof,  which  copies  shall  be  provided  and  sub- 
scribed by  the  master,  and  the  officer  to  whom  the  original 
manifests  have  been  produced  shall  certify  upon  the  back 
thereof  that  the  same  were  produced,  and  the  day  and 
year  on  which  the  same  were  so  produced,  and  that  such 
copies  were  to  him  delivered  and  by  him  examined  with 
the  original  manifest ;  and  shall  likewise  certify  upon  the 
back  of  such  copies  the  day  and  year  on  which  the  same 
were  delivered,  and  shall  forthwith  transmit  such  copies 
to  the  respective  collectors  of  the  several  districts,  to 
which  the  goods  by  such  manifests  appear  respectively  to 
be  consigned. 


PART  XV. ENTRY   OF    MERCHANDISE.  219 

The  master  of  any  such  vessel  shall  in  like  manner  pro-  u-  s-  2812- 
duce  to  the  officer  of  the  customs  who  first  comes  on  board 
such  vessel,  upon  her  arrival  within  the  limits  of  any  col- 
lection-district in  which  the  cargo,  or  any  part  thereof,  is 
intended  to  be  discharged  or  landed,  for  his  inspection, 
such  manifest ;  and  shall  also  deliver  to  him  true  copies 
thereof,  such  copies  also  to  be  provided  and  subscribed  by 
the  master,  the  production  of  which  manifests  and  the 
delivery  of  which  copies  shall  also  be  certified  by  the 
officer  of  the  customs,  upon  the  back  of  the  original  mani- 
fests, with  the  particular  clay  and  year  when  such  mani- 
fests were  produced  to  such  officer,  and  when  he  so  re- 
ceived the  copies  thereof;  and  such  officer  is  required 
forthwith  to  transmit  the  copies  of  the  manifest  to  the 
collector  of  the  district;  and  the  master  shall  afterward 
deliver  the  original  manifests  so  certified  to  the  collector. 
When  any  manifest  shall  be  produced,  upon  which  there 
shall  be  no  certificate  from  any  officer  of  the  customs  as 
before  mentioned,  the  master  producing  the  same  shall  be 
required  to  make  oath  that  no  officer  has  applied  for,  and 
that  no  indorsement  has  taken  place  on,  any  manifest  of 
the  cargo  of  such  vessel. 

The  master  of  any  such  vessel  shall  not  be  required  to  R-  s-  2813- 
make  delivery  of  more  than  one  copy  of  each  manifest  to 
the  officer  who  shall  first  come  on  board  of  such  vessel, 
within  four  leagues  of  the  coast  of  the  United  States,  and 
one  other  copy  to  such  officer  as  shall  first  come  on  board 
within  the  limits  of  any  collection-district,  for  which  the 
cargo  of  such  vessel,  or  some  part  thereof,  is  destined,  nor 
to  make  delivery  of  any  such  copy  to  any  other  officer; 
but  it  shall  be  sufficient,  in  respect  to  any  such  other  offi- 
cer, to  exhibit  to  him  the  original  manifest  and  the  cer- 
tificates thereupon. 

If  the  master  of  any  vessel  laden  with  merchandise,  and  R'  ' 
bound  to  any  port  in  the  United  States,  fails  upon  his 
arrival  within  four  leagues  of  the  coast  thereof,  or  within 
the  limits  of  any  collection-district,  where  the  cargo  of 
such  vessel,  or  any  part  thereof,  is  intended  to  be  dis- 
charged, to  produce  such  manifests  as  are  heretofore 
required,  in  writing,  to  the  proper  officer  upon  demand 
therefor,  or  to  deliver  such  copies  thereof,  according  to 
the  directions  of  the  preceding  sections,  or  if  he  fails  to 
give  an  account  of  the  true  destination  of  the  vessel,  which 
he  is  hereby  required  to  do,  upon  request  of  such  officer, 
or  gives  a  false  account  of  such  destination,  in  order  to 
evade  the  production  of  the  manifests,  the  master  shall 
for  every  such  neglect,  refusal,  or  offense,  be  liable  to  a 
penalty  "of  not  more  than  five  hundred  dollars.  If  any 
officer  first  coining  on  board,  in  each  case,  shall  neglect  or 
refuse  to  certify  on  the  back  of  such  manifests  the  produc- 
tion thereof,  and  the  delivery  of  such  copies  respectively 
as  are  directed  to  be  delivered  to  such  officer,  such  officer 
shall  be  liable  to  a  penalty  of  five  hundred  dollars. 

The  officers  who  may  apply  to  the  master  of  any  such  R-  s-  2815- 
vessel,  respecting  any  of  the  provisions  in  the  preceding 


220  NAVIGATION    LAWS    OF    THE    UNITED   STATES. 

sections,  and  who  shall  not  receive  full  satisfaction 
therein,  are  hereby  required  to  make  a  return  in  writing 
of  the  name  of  the  vessel  and  master  so  offending,  in  any 
or  all  of  the  particulars  required,  as  soon  as  possible,  to 
the  collector  of  the  district  to  which  such  vessel  shall  be 
considered  to  be  bound. 

Mu-"i83i897       Collectors  and  surveyors,  respectively,  may,  whenever 

Sec.  15.'  "  '  they  judge  it  to  be  necessary  for  the  security  of  the  rev- 
enue, put  an  inspector  of  the  customs  on  board  any  vessel, 
to  accompany  the  same  until  her  arrival  at  the  first  port 
of  entry  or  delivery,  in  the  district  to  which  such  vessel 
may  be  destined.  If  the  master  of  any  vessel  shall  neg- 
lect or  omit  to  deposit  a  manifest  as  herein  prescribed,  or 
shall  refuse  to  receive  an  inspector  of  the  customs  on 
board,  as  the  case  requires,  he  shall  forfeit  and  pay  five 
hundred  dollars,  to  be  recovered  with  cost  of  suit,  one- 
half  for  the  use  of  the  officer  with  whom  such  manifest 
ought  to  have  been  deposited,  and  the  other  half  to  the 
use  of  the  collector  of  the  district  to  which  such  vessel 
may  be  bound.  If,  however,  the  manifest  shall,  in  either 
of  the  above  cases,  have  been  previously  delivered  to  any 
officer  of  the  customs,  pursuant  to  the  provisions  herein 
after  made  in  that  behalf,  the  depositing  of  a  manifest 
shall  not  be  necessary. 
218.  Entry  of  merchandise  at  special  ports. 

r.  s.,  2816.  When  any  merchandise  is  intended  to  be  imported  from 

any  foreign  country  into  the  port  of  Albany,  upon  the 
Hudson  Eiver,  in  New  York,  such  merchandise  may  be 
entered  at  any  port  of  entry  and  thereafter  transported 
to  Albany,  upon  compliance  with  sections  twenty-eight 
hundred  and  twenty-five  to  twenty-eight  hundred  and 
thirty-one,  inclusive. 

r.  s.,  2817.  When  any  merchandise  is  intended  to  be  imported  f  rom 

any  foreign  country  into  the  port  of  Augusta,  upon  the 
Savannah  River,  in  Georgia,  such  merchandise  may  be 
entered  at  the  port  of  Savannah  and  thereafter  trans- 
ported, either  by  the  river  or  by  railroad,  to  Augusta, 
upon  compliance  with  sections  twenty-eight  hundred  and 
twenty-five  to  twenty-eight  hundred  and  thirty-one, 
inclusive. 

r.  s.,  2818.  When  any  merchandise  is  intended  to  be  imported  from 

any  foreign  country  into  the  port  of  Pilatka,  upon  the 
Saint  John's  Eiver,  in  Florida,  such  merchandise  may 
be  entered  at  Saint  John's,  and  thereafter  transported  to 
Pilatka  upon  compliance  with  sections  twenty-eight  hun- 
dred and  twenty-five  to  twenty-eight  hundred  and  thirty- 
one,  inclusive. 

r.  s.,  2819.  When  any  merchandise  is  intended  to  be  imported  from 

any  foreign  country  to  the  port  of  Bayport,  in  Florida, 
such  merchandise  may  be  entered  at  Cedar  Keys,  and 
thereafter  transported  to  Bayport,  upon  compliance  with 
sections  tAventy-eight  hundred  and  twenty-five  to  twenty- 
eight  hundred  and  thirty-one,  inclusive. 

r.  s.,  2820.  When  any  merchandise  is  intended  to  be  imported  from 

any  foreign  country  into  the  port  of  Selma,  upon  the  Ala- 


PART   XV. ENTRY    OF    MERCHANDISE.  221 

bama  River,  in  Alabama,  such  merchandise  may  be  en- 
tered at  Mobile,  and  thereafter  transported  to  Selma, 
upon  compliance  with  sections  twenty-eight  hundred  and 
twenty-five  to  twenty-eight  hundred  and  thirty-one, 
inclusive. 

When  any  merchandise  is  intended  to  be  imported  from  R-  s.,  2821. 
any  foreign  country  into  the  port  of  Houston,  upon  Buf- 
falo Bayou,  in  Texas,  such  merchandise  may  be  entered 
at  the  port  of  Galveston  and  thereafter  transported  to 
Houston,  upon  compliance  with  section  twenty-eight  hun- 
dred and  twenty-five  to  twenty-eight  hundred  and  thirty - 
one,  inclusive. 

When  any  merchandise  is  intended  to  be  imported  from  K-  s-> 2822- 
any  foreign  country  into  either  of  the  following  ports  of 
delivery,  being  ports  upon  the  Mississippi  River  and  its 
tributaries,  namely,  Pittsburg,  in  Pennsylvania;  Wheel- 
ing, in  West  Virginia ;  Cincinnati,  in  Ohio ;  Louisville,  in 
Kentucky;  Saint  Louis,  in  Missouri;  and  Nashville,  in 
Tennessee ;  such  merchandise  may  be  entered  at  the  port 
of  New  Orleans,  or  at  either  of  such  ports  of  entry  on  the 
sea-board  as  may  be  designated  by  the  Secretary  of  the 
Treasury,  and  thereafter  transported  to  the  port  of  deliv- 
ery for  which  the  same  is  intended,  by  such  inland  routes 
as  the  Secretary  of  the  Treasury  may  designate,  under 
such  rules  and  regulations  not  inconsistent  with  law  as  he 
may  prescribe,  in  compliance  with  sections  twenty-eight 
hundred  and  twenty-five  to  twenty-eight  hundred  and 
thirty-one,  inclusive,  and  subject  to  the  forfeitures  and 
penalties  therein  mentioned. 

When  any  merchandise  is  intended  to  be  imported  from  R.  s.,  2823. 
any  foreign  country  into  either  of  the  following  ports  of 
delivery,  namely:  Parkersburg,  in  West  Virginia;  Pa- 
ducah,  in  Kentucky7;  Saint  Joseph  and  Kansas  City,  in 
Missouri;  Memphis,  in  Tennessee;  Alton,  Galena,  Quincy, 
and  Cairo,  in  Illinois;  Evansville,  New  Albany,  Madison, 
and  Jeffersonville,  in  Indiana;  Keokuk,  Dubuque,  and 
Burlington,  in  Iowa;  Leavenworth,  in  Kansas,  and 
Omaha,  in  Nebraska,  such  merchandise  may  be  entered 
at  the  port  of  New  Orleans,  and  thereafter  transported 
to  the  port  of  delivery  for  which  the  same  is  intended,  in 
compliance  with  sections  twenty-eight  hundred  and 
twenty-five  to  twenty-eight  hundred  and  thirty-one,  in- 
clusive, and  subject  to  the  forfeitures  and  penalties 
therein  mentioned. 

The  importer  of  any  merchandise  destined  for  any  of  Ma?."|,8ii97. 
the  ports  mentioned  in  the  eight  preceding  sections  shall  Secie! 
deposit  in  the  custody  of  the  surveyor  of  such  port  of 
delivery  a  schedule  of  the  goods  so  intended  to  be  im- 
ported, with  an  estimate  of  their  cost  at  the  place  of  ex- 
portation, whereupon  the  surveyor  shall  make  an  esti- 
mate of  the  amount  of  duties  accruing  on  the  same,  and 
the  importer  or  consignee  shall  give  bond,  with  sufficient 
sureties,  to  be  approved  by  the  surveyor,  in  double  the 
amount  of  the  duties  so  estimated,  conditioned  for  the 


222  NAVIGATION    LAWS    OF    THE   UNITED   STATES. 

payment  of  the  duties  on  such  merchandise,  ascertained 
as  hereinafter  directed ;  and  the  surveyor  shall  forthwith 
notify  the  collector  at  the  port  of  entry  for  the  collection- 
district  to  which  such  port  of  delivery  is  attached,  of  the 
same,  by  forwarding  to  him  a  copy  of  bond  and  schedule. 

it.  s.,  2829.  ^he  master  or  conductor  of  any  such  vessel  or  vehicle 

arriving  at  either  of  the  ports  named  in  sections  twenty- 
eight  hundred  and  sixteen  to  twenty-eight  hundred  and 
twenty-four,  inclusive,  on  board  of  which  merchandise 
shall  have  been  shipped  at  such  port  of  entry,  shall, 
within  eighteen  hours  next  after  the  arrival,  and  previ- 
ously to  unloading  any  part  of  such  merchandise,  deliver 
to  the  surveyor  of  such  port  the  manifest  of  the  same, 
certified  by  the  collector,  at  the  port  of  entry,  and  shall 
make  oath  before  the  surveyor  that  there  was  not,  when 
he  departed  from  the  port  of  entry,  any  more  or  other 
merchandise  on  board  such  boat,  vessel,  or  vehicle  so  im- 
ported than  is  therein  mentioned.  If  the  master  of  such 
vessel  or  vehicle  shall  neglect  or  refuse  to  deliver  the 
manifests  within  the  time  herein  directed,  he  shall  be  lia- 
ble to  a  penalty  of  one  hundred  dollars. 

r.  s.,  2832.  All  vessels  proceeding  to  the  ports  of  Natchez  or  Vicks- 

burg  from  any  foreign  port  shall  stop  and  report  their 
arrival  at  the  port  of  Ncav  Orleans;  and  before  any  such 
vessel  shall  proceed  on  her  voyage  to  Natchez  or  Vicks- 
burg  the  collector  for  the  district  of  New  Orleans  shall 
order  on  board  any  such  vessel  a  custom-house  officer,  who 
shall  remain  on  board  such  vessel  until  her  arrival  at 
Natchez  or  Vicksburg.  Such  custom-house  officer  shall 
take  possession  of  and  safely  keep  all  the  papers  belong- 
ing to  such  vessels  having  relation  to  the  freight  or  cargo 
on  board,  which  papers  he  shall  deliver  to  the  collector  at 
Natchez  or  Vicksburg  immediately  after  his  arrival  at 
that  port;  and  any  such  vessel,  which  shall  depart  from 
New  Orleans  without  such  custom-house  officer  on  board, 
shall  be  subject  to  all  the  pains  and  penalties  provided  for 
by  law  for  a  violation  of  the  revenue  laws. 

a.  s.,  2833.  The  expenses  of  the  custom-house  officer  who  may  be 

put  on  board  any  such  vessel  bound  for  Natchez  or  Vicks- 
burg at  New  Orleans,  from  the  time  of  his  being  put  on 
board  until  his  return  to  New  Orleans,  shall  be  paid  by 
the  owner  of  such  vessel. 

r.  s.,  2836.  The  master  of  any  vessel  arriving  within  the  districts 

of  Petersburg  or  Richmond,  laden  with  merchandise, 
belonging  or  consigned  to  persons  resident  within  both 
the  districts,  shall  make  entry  of  such  vessel,  in  manner 
already  prescribed  by  law,  with  the  collector  of  that  dis- 
trict wherein  the  owner  or  consignee,  or  the  husband  or 
acting  manager  of  such  vessel,  shall  actually  reside ;  and 
the  master  shall,  at  the  time  of  making  the  entry,  deliver 
a  duplicate  manifest  of  the  cargo  to  the  collector,  whose 
duty  it  shall  then  be  to  certify  the  same  as  a  true  copy, 
and  to  transmit  it  to  the  collector  of  the  other  district, 
and  the  delivery  of  such  merchandise  shall  be  authorized 


PAET  XV. ENTRY   OF   MERCHANDISE.  223 

by  permits  from  the  collector  of  each  district,  respec- 
tively, in  which  the  same  has  been  duly  entered  according 
to  law.  No  importer,  owner,  or  consignee  of  merchan- 
dise, residing  in  either  district,  shall,  however,  be  ad- 
mitted to  make  an  entry  of  such  merchandise  with  the 
collector  of  the  district  in  which  such  importer,  owner, 
or  consignee  does  not  reside.  All  entries,  moreover,  for 
merchandise,  made  by  agents,  for  persons  residing  in 
other  districts,  shall  be  made  with  the  collector  of  the  dis- 
trict in  which  such  vessel  may  discharge. 

Vessels  owned  in  whole  or  in  part  in  the  towns  of  R-  s-.  252°- 
Edgecomb  and  Newcastle  in  Maine,  having  entered  in 
due  form  of  law  at  the  port  of  Wiscasset,  and  taken  on 
board  an  officer,  shall  be  permitted  to  unlade  in  the  parts 
of  those  towns  which  adjoin  Sheepscut  River. 

Merchandise  destined  for  either  of  the  towns  of  Kit-  R  s-  2524- 
tery  or  Berwick,  in  Maine,  may  be,  at  the  option  of  the 
master  of  the  vessel,  entered  and  permit  for  the  delivery 
thereof  obtained,  either  in  the  district  of  Portsmouth,  in 
the  State  of  New  Hampshire,  or  in  the  district  of  York, 
in  the  State  of  Maine. 

All  cargoes  chargeable  with  duties  intended  for  de-  R  s- 2537. 
livery  at  the  port  of  Greenport,  in  the  State  of  New 
York,  shall  be  entered  and  the  duties  paid  at  the  port  of 
Sag  Harbor,  before  permission  shall  be  granted  to  dis- 
charge the  same  at  Greenport. 

All  merchandise  chargeable  with  duties  intended  for  R-  s-»  254°- 
delivery  at  the  port  of  Cold  Spring,  on  the  north  side  of 
Long  Island,  in  the  State  of  New  York,  or  at  the  port 
of  Port  Jefferson,  in  that  State,  shall  be  entered  and  the 
duties  paid  at  the  port  of  New  York,  before  permission 
shall  be  granted  to  discharge  the  same  at  Cold  Spring  or 
Port  Jefferson. 

All  merchandise  transported  in  bond  to  the  port  of  R-  s" 2581* 
Brownsville  from  any  other  port  of  the  United  States,  by 
Brazos  Harbor,  may,  on  arrival  in  that  harbor,  be  trans- 
shipped under  such  regulations,  not  inconsistent  with 
law,  as  the  Secretary  of  the  Treasury  may  prescribe,  in 
other  vessels  for  transportation  by  the  Rio  Grande  to 
Brownsville;  and  all  merchandise  imported  into  the  dis- 
trict by  Brazos  Harbor,  from  any  foreign  country,  may 
in  like  manner  be  transshipped  to  Brownsville  as  pro- 
vided for  goods,  wares,  and  merchandise  transshipped  in 
bond. 

The  master  of  every  vessel  entering  the  Columbia  River  R-  s-» 2588- 
from  the  sea,  and  bound  for  Portland,  in  the  district  of 
Willamette,  shall  exhibit  his  papers  to  the  collector  of  the 
port  of  Astoria,  and  deposit  with  him  a  sworn  copy  of 
the  manifest  of  cargo.  If  the  vessel  is  laden  with  do- 
mestic merchandise  or  merchandise  in  bond  for  Portland, 
the  collector  at  Astoria  shall  permit  her  to  proceed  to  her 
place  of  destination ;  but  if  she  has  dutiable  merchandise 
on  board  not  bonded,  he  shall  cause  a  customs  officer  to 
proceed  on  board  the  vessel  to  Portland,  who  shall  see 


224  NAVIGATION    LAWS    OF    THE    UNITED   STATES. 

that  no  goods  are  landed  from  such  vessel  before  her 
arrival  and  entry  at  the  latter  port.  The  necessary 
expenses,  including  the  per  diem  of  such  officer  and  the 
expense  of  his  return  to  Astoria,  shall  be  paid  by  the 
master  of  such  vessel  to  the  collector  of  customs  at  Port- 
land, for  the  use  of  the  United  States,  before  permit 
shall  be  given  to  unload. 

r.  s.,  2590.  When  a  vessel  shall  arrive  at  Astoria,  in  the  district  of 

Oregon,  from  sea,  having  merchandise  on  board  for  that 
place  and  also  for  Portland,  in  the  district  of  Willamette, 
such  vessel  shall  enter  at  Astoria  and  discharge  such  por- 
tion of  her  cargo  as  is  destined  for  that  place,  whereupon 
the  collector  shall  cause  her  hatches  to  be  closed  and 
sealed,  and  shall  then  permit  her  to  proceed  to  Portland 
in  charge  of  a  customs  officer. 

e.  s.,  2967.  Merchandise  imported  into  the  port  of  Louisville,  and 

destined  for  Jeffersonville,  may  be  landed  and  ware- 
housed at  Jeffersonville,  under  the  custody  and  control 
of  the  surveyor  of  the  port  of  Louisville. 

E.  s.,  2968.  T^g  Secretary  of  the  Treasury  may  extend  the  privi- 

leges of  the  provisions  relating  to  warehouses,  and  the 
regulations  of  the  Treasury  Department  relating  thereto, 
to  the  port  of  Albany. 

E.  s.,  4362.  'p|ie  co21ectox*  of  the  district  of  Philadelphia  may  grant 

permits  for  the  transportation  of  merchandise  of  foreign 
growth  or  manufacture  across  the  State  of  New  Jersey  to 
the  district  of  New  York,  or  across  the  State  of  Delaware 
to  any  district  in  the  State  of  Maryland  or  Virginia;  and 
the  collector  of  the  district  of  New  York  may  grant  like 
permits  for  transportation  across  the  State  of  New  Jer- 
sey; and  the  collector  of  any  district  of  Maryland  or 
Virginia  may  grant  like  permits  for  transportation  across 
the  State  of  Delaware  to  the  district  of  Philadelphia. 
Every  such  permit  shall  express  the  name  of  the  owner, 
or  person  sending  the  merchandise,  and  of  the  person  to 
whom  the  merchandise  is  consigned,  with  the  marks, 
numbers,  and  description  of  the  packages,  whether  bale, 
box,  chest,  or  otherwise,  and  the  kind  of  goods  contained 
therein,  and  the  date  when  granted;  and  the  owner,  or 
person  sending  such  goods,  shall  swear  that  they  were 
legally  imported,  and  the  duties  paid.  Where  the  mer- 
chandise, to  be  so  transported,  shall  be  of  less  value  than 
eight  hundred  dollars,  the  permit  shall  not  be  deemed 
necessary. 

r.  s.,  4363.  rp^e  owner  or  consignee  of  all  merchandise  transported 

under  the  provisions  of  the  preceding  section  and  for  the 
transportation  whereof  a  permit  is  necessary,  shall,  within 
twenty-four  hours  after  the  arrival  thereof  at  the  place 
to  which  such  merchandise  was  permitted  to  be  trans- 
ported, report  the  same  to  the  collector  of  the  district 
where  it  has  arrived,  and  shall  deliver  up  the  permit  ac- 
companying the  same ;  and  if  the  owner  or  consignee  shall 
neglect  or  refuse  to  make  due  entry  of  such  merchandise 
within  the  time  and  in  the  manner  directed,  all  such  mer- 
chandise shall  be  subject  to  forfeiture;  and  if  the  permit 
granted  shall  not  be  given  up  within  the  time  limited  for 


PART   XV. ENTRY    OF    MERCHANDISE.  225 

making  the  report,  the  person  to  whom  it  was  granted, 
neglecting  or  refusing  to  deliver  it  up,  shall  be  liable  to  a 
penalty  of  fifty  dollars  for  every  twenty-four  hours  it 
shall  be  withheld  afterward. 
219.  Clearance  at  special  ports. 

Any  vessel  owned  by  or  consigned  to  any  person  in  the  K  s>  2554- 
collection-district  of  Eichmond,  and  which  shall  be 
loaded,  in  whole  or  in  part,  in  the  district  of  Petersburg, 
by  such  owner  or  consignee,  may  be  cleared  by  the  col- 
lector of  the  district  of  Eichmond,  on  application  of  the 
owner,  consignee,  or  captain  of  such  vessel. 

All  vessels  clearing  from  Portland,  in  the  district  of  R-  S.,  2589. 
"Willamette,  and  bound  to  sea,  shall,  on  arrival  at  Astoria, 
in  the  district  of  Oregon,  report  to  the  collector ;  and  the 
master  of  every  vessel  so  reporting  shall  leave  a  copy  of 
his  manifest,  including  any  additional  cargo  taken  on 
board  after  leaving  Portland,  with  the  collector  at  Asto- 
ria, and  thereupon  shall  be  allowed  to  proceed  to  sea. 
The  master  or  other  person  in  charge  or  command  of  any 
vessel  entering  the  Columbia  River  from  the  sea,  or  clear- 
ing from  Portland  and  bound  to  sea  as  described  in  this 
section,  who  shall  neglect  to  exhibit  his  papers,  or  to  re- 
port to  the  collector,  or  to  deposit  his  manifest,  as  herein 
required,  shall  be  liable  to  a  penalty  of  one  hundred 
dollars. 

The  master  or  person  having  charge  or  command  of  R-  s„  *208. 
any  steamboat  on  Lake  Champlain.  when  going  from  the 
United  States  into  the  province  of  Quebec,  may  deliver  a 
manifest  of  the  cargo  on  board,  and  take  a  clearance  from 
the  collector  of  the  district  through  which  any  such  boat 
shall  last  pass,  when  leaving  the  United  States,  without 
regard  to  the  place  from  which  any  such  boat  shall  have 
commenced  her  voyage,  or  where  her  cargo  shall  have 
been  taken  on  board. 
22(X  Entry  of  merchandise  for  different  port  of  destination. 

The  importer,  or  his  agent,  may  enter  merchandise  at  R.  s.,  2826. 
the  port  of  entry  for  the  collection-district  into  which  it 
is  to  be  imported  in  the  usual  manner ;  and  the  collector 
shall  grant  a  permit  for  the  landing  thereof,  and  cause 
the  duties  to  be  ascertained  as  in  other  cases,  the  goods 
remaining  in  the  custody  of  the  collector  until  reshipped 
for  the  place  of  destination.  The  collector  shall  certify 
to  the  surveyor  at  such  place  the  amount  of  such  duties, 
which  the  surveyor  shall  enter  on  the  margin  of  the  bond 
given  to  secure  the  same;  and  the  merchandise  phall  be 
delivered  by  the  collector  to  the  agent  of  the  importer  or 
consignee,  duly  authorized  to  receive  the  same,  for  ship- 
ment to  the  place  of  destination. 

The  master  or  conductor  of  every  vessel  or  vehicle  in  r.  s.,  2827. 
which  such  merchandise  shall  be  transported,  shall,  pre- 
viously to  departure  from  the  port  of  entry,  deliver  to  the 
collector  duplicate  manifests  of  such  merchandise,  speci- 
fying the  marks  and  numbers  of  every  case,  bag,  box, 
chest,  or  package,  containing  the  same,  with  the  name  and 
place  of  residence  of  every  importer  or  consignee  of  such 
143562°— 19 15 


226  NAVIGATION    LAWS   OF    THE   UNITED   STATES. 

merchandise,  and  the  quantity  shipped  to  each,  to  be  by 
him  subscribed,  and  to  the  truth  of  which  he  shall  swear, 
and  that  the  merchandise  has  been  received  on  board  his 
vessel  or  vehicle,  stating  the  name  of  the  agent  who 
shipped  the  same;  and  the  collector  shall  certify  the 
facts,  on  the  manifests,  one  of  which  he  shall  return  to 
the  master,  with  a  permit  thereto  annexed,  authorizing 
him  to  proceed  to  the  place  of  his  destination. 
r .  s.,  2828.  If  any  vessel  or  vehicle  having  such  merchandise  on 

board  shall  depart  from  the  port  of  entry  without  having 
complied  with  the  provisions  of  the  preceding  section,  the 
master  or  conductor  thereof  shall  be  liable  to  a  penalty  of 
five  hundred  dollars. 

221.  Comparison  of  cargo  and  manifest. 

r.  s.,  2830.  The  surveyor  at  the  port  of  delivery  shall  cause  the 

casks,  bags,  boxes,  chests,  or  packages,  to  be  inspected, 
and  compared  with  the  manifests,  and  the  same  being 
identified  he  shall  grant  a  permit  for  unloading  the  same, 
or  such  part  thereof  as  the  master  or  conductor  shall  re- 
quest; and  when  a  part  only  of  such  merchandise  is  in- 
tended to  be  landed  the  surveyor  shall  make  an  indorse- 
ment on  the  back  of  the  manifests,  designating  such  part, 
specifying  the  articles  to  be  landed,  and  shall  return  the 
manifests  to  the  master  or  conductor,  indorsing  thereon 
his  permission  to  such  vessel  or  vehicle  to  proceed  to  the 
place  of  its  destination. 

222.  Illegal  unlading. 

r.  s.,  2867.  jf  after  t}ie  alTiYal  of  any  vessel  laden  with  merchan- 

dise and  bound  to  the  United  States,  within  the  limits  of 
any  collection-district,  or  within  four  leagues  of  the  coast, 
any  part  of  the  cargo  of  such  vessel  shall  be  unladen,  for 
any  purpose  whatever,  before  such  vessel  has  come  to  the 
proper  place  for  the  discharge  of  her  cargo,  or  some  part 
thereof,  and  has  been  there  duly  authorized  by  the  proper 
officer  of  the  customs  to  unlade  the  same,  the  master  of 
such  vessel  and  the  mate,  or  other  person  next  in  com- 
mand, shall  respectively  be  liable  to  a  penalty  of  one 
thousand  dollars  for  each  such  offense,  and  the  merchan- 
dise so  unladen  shall  be  forfeited,  except  in  case  of  some 
unavoidable  accident,  necessity,  or  distress  of  weather. 
In  case  of  such  unavoidable  accident,  necessity,  or  dis- 
tress, the  master  of  such  vessel  shall  give  notice  to,  and, 
together  with  two  or  more  of  the  officers  or  mariners  on 
board  such  vessel,  of  whom  the  mate  or  other  person  next 
in  command  shall  be  one,  shall  make  proof  upon  oath 
before  the  collector,  or  other  chief  officer  of  the  customs 
of  the  district,  within  the  limits  of  which  such  accident, 
necessity,  or  distress  happened,  or  before  the  collector,  or 
other  chief  officer  of  the  collection-district,  within  the 
limits  of  which  such  vessel  shall  first  afterward  arrive,  if 
the  accident,  necessity,  or  distress  happened  not  within 
the  limits  of  any  district,  but  within  four  leagues  of  the 


PART  XV. ENTRY   OF   MERCHANDISE.  227 

coast  of  the  United  States.  The  collector,  or  other  chief 
officer,  is  hereby  authorized  and  required  to  administer 
such  oath. 

If  any  merchandise,  so  unladen  from  on  board  any  R.  s.,2868. 
such  vessel,  shall  be  put  or  received  into  any  other  vessel, 
except  in  the  case  of  such  accident,  necessity,  or  distress, 
to  be  so  notified  and  proved,  the  master  of  any  such  vessel 
into  which  the  merchandise  shall  be  so  put  and  received, 
and  every  other  person  aiding  and  assisting  therein,  shall 
be  liable  to  a  penalty  of  treble  the  value  of  the  merchan- 
dise, and  the  vessel  in  which  they  shall  be  so  put  shall  be 
forfeited. 

223.  Special  permit  to  unlade  by  night  and  preliminary  entry. 

Upon  arrival  at  any  port  in  the  United  States  of  any  r.  s.,28~i. 
vessel  or  other  conveyance  from  a  foreign  port  or  place,  Feb?  13,'  ioiJ 
either  directly  or  by  way  of  another  port  in  the  United 
States,  or  upon  such  arrival  from  another  port  in  the 
United  States  of  any  vessel  or  other  conveyance  belong- 
ing to  a  line  designated  by  the  Secretary  of  the  Treasury 
as  a  common  carrier  of  bonded  merchandise,  and,  after 
due  report  and  entry  of  such  vessel  in  accordance  with 
existing  law  or  due  report,  under  such  regulations  as  the 
Secretary  of  the  Treasury  may  prescribe,  of  the  arrival 
of  such  other  conveyances,  the  collector  of  customs,  with 
the  concurrence  of  the  naval  officer  at  ports  where  there 
is  a  naval  officer,  shall  grant,  upon  proper  application 
therefor,  a  special  license  to  lade  or  unlade  the  cargo  of 
any  such  vessel  or  other  conveyance  at  night;  that  is 
to  say,  between  sunset  and  sunrise. 

The  master  of  any  vessel  from  a  foreign  port  or  place,  Sec.  2. 
upon  arrival  within  a  customs  collection  district  of  the 
United  States,  bound  to  a  port  of  entry  in  such  district, 
may  make  preliminary  entry  of  the  vessel  by  making 
oath  or  affirmation  to  the  truth  of  the  statements  con- 
tained in  his  original  manifest  and  delivering  his  said 
original  manifest  to  the  customs  officer  who  shall  board 
such  vessel  within  such  district,  with  a  copy  of  said 
original  manifest  for  the  use  of  the  naval  officer  at  ports 
where  there  is  a  naval  officer;  whereupon,  upon  arrival 
at  the  wharf  or  place  of  discharge,  the  lading  or  unlading 
of  the  cargo  of  such  vessel  may  proceed,  by  both  day  and 
night,  under  such  regulations  as  the  Secretary  of  the 
Treasury  may  prescribe. 

Before  any  such  special  license  to  lade  or  unlade  at  sec.  3. 
night  shall  be  granted  and  before  any  permit  shall  be 
issued  for  the  immediate  lading  or  unlading  of  any  such 
vessel  after  preliminary  entry,  as  hereinbefore  provided, 
either  by  day  or  by  night  the  master,  owner,  agent,  or 
consignee  of  such  vessel  or  other  conveyance  shall  make 
proper  application  therefor  and  shall  at  the  same  time 
execute  and  deliver  to  the  United  States,  through  the  col- 


228  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

lector  of  customs,  a  good  and  sufficient  bond,  in  a  penal 
sum  to  be  approved  by  the  said  collector,  conditioned  to 
indemnify  and  save  the  United  States  harmless  from  any 
and  all  losses  and  liabilities  which  may  occur  or  be  occa- 
sioned by  reason  of  the  granting  of  such  special  license  or 
the  issuing  or  granting  of  such  permit  for  immediate 
lading  or  unlading;  or  the  master,  owner,  agent,  con- 
signee, or  probable  consignee,  as  aforesaid,  may  execute 
and  deliver  to  the  United  States,  in  like  manner  and 
form,  a  good  and  sufficient  bond,  in  the  penal  sum  of  fifty 
thousand  dollars,  conditioned  to  indemnify  and  save  the 
United  States  harmless  from  any  and  all  losses  and  lia- 
bilities which  may  occur  or  be  occasioned  by  reason  of  the 
granting  of  such  special  licenses  and  the  issuing  or  grant- 
ing of  such  permits  for  immediate  lading  or  unlading  by 
day  and  night  during  a  period  of  six  months. 

sec.  4.  Such  application  having  been  duly  made  and  the  re- 

quired bond  having  been  duly  executed  and  delivered, 
special  license  or  licenses  to  lade  or  unlade  at  night  after 
regular  entry  of  vessels,  and  due  report  of  other  convey- 
ances, may  be  granted,  and  a  permit  or  permits  may  be 
issued  for  the  immediate  lading  and  unlading,  by  day  and 
night,  of  vessels  admitted  to  preliminary  entry,  or  of 
other  conveyances  of  which  due  report  of  arrival  has  been 
made:  Provided,  That  the  provisions  of  this  Act  shall 
extend  and  be  applicable  to  any  vessels  or  other  convey- 
ances bound  to  a  port  of  entry  in  the  United  States  to  be 
unladen  at  a  port  of  delivery  or  to  be  unladen  at  a  place 
of  discharge  designated  by  the  Secretary  of  the  Treasury 
under  the  provisions  of  section  twenty-seven  hundred  and 
seventy-six  of  the  Revised  Statutes  as  amended  '.Provided 
further.  That  when  preliminary  entry  of  a  vessel  shall  be 
made  by  the  master  as  herein  provided  he  shall  not  be 
relieved  from  making  due  report  and  entry  of  his  vessel 
at  the  customhouse  in  accordance  with  existing  law,  and 
any  liability  of  the  master  or  owner  of  any  such  vessel  to 
the  owner  or  consignee  of  any  merchandise  landed  from 
her  shall  not  be  affected  by  the  granting  of  such  special 
license,  but  such  liability  shall  continue  until  the  merchan- 
dise is  properly  removed  from  the  dock  whereon  the  same 
may  be  landed. 

sec.  5.  The  Secretary  of  the  Treasury  shall  fix  a  reasonable 

rate  of  extra  compensation  for  night  services  of  inspec- 
tors, storekeepers,  weighers,  and  other  customs  officers  and 
employees  in  connection  with  the  lading  or  unlading  of 
cargo  at  night,  or  the  lading  at  night  of  cargo  or  mer- 
chandise for  transportation  in  bond  or  for  exportation  in 
bond,  or  for  the  exportation  with  benefit  of  drawback,  but 
such  rate  of  compensation  shall  not  exceed  an  amount 
equal  to  double  the  rate  of  compensation  allowed  to  each 
such  officer  or  employee  for  like  services  rendered  by  day, 
the  said  extra  compensation  to  be  paid  by  the  master, 


PART   XV. ENTRY   OF    MERCHANDISE.  229 

owner,  agent,  or  consignee  of  such  vessel  or  other  convey- 
ance, whenever  such  special  license  or  permit  for  immedi- 
ate lading  or  unlading  or  for  lading  or  unlading  at  night 
or  on  Sundays  or  holidays  shall  be  granted,  to  the  collec- 
tor of  customs,  who  shall  pay  the  same  to  the  several  cus- 
toms officers  and  employees  entitled  thereto  according  to 
the  rates  fixed  therefor  by  the  Secretary  of  the  Treasury. 
Customs  officers  acting  as  boarding  officers,  and  any  cus- 
toms officer  who  may  be  designated  for  that  purpose  by 
the  collector  of  customs,  are  hereby  authorized  to  admin- 
ister the  oath  or  affirmation  herein  provided  for,  and  such 
boarding  officers  shall  be  allowed  extra  compensation  for 
services  in  boarding  vessels  at  night  or  on  Sundays  or 
holidays — at  the  rate  prescribed  by  the  Secretary  of  the 
Treasury  as  herein  provided,  the  said  extra  compensation 
to  be  paid  by  the  master,  owner,  agent,  or  consignee  of 
such  vessels. 
224.  Unlading  by  day. 

Except  as  authorized  by  the  preceding  section,  no  mer-  R- s-  2872- 
chandise  brought  in  any  vessel  from  any  foreign  port 
shall  be  unladen  or  delivered  from  such  vessel  within  the 
United  States  but  in  open  day— *that  is  to  say,  between 
the  rising  and  the  setting  of  the  sun — except  by  special 
license  from  the  collector  of  the  port,  and  naval  officer 
of  the  same,  where  there  is  one,  for  that  purpose,  nor  at 
any  time  without  a  permit  from  the  collector,  and  naval 
officer,  if  any,  for  such  unlading  or  delivery. 

When  the*  license  to  unload  between  the  setting  and  ris- 
ing of  the  sun  is  granted  to  a  sailing  vessel  under  this 
section,  a  fixed,  uniform,  and  reasonable  compensation 
may  be  allowed  to  the  inspector  or  inspectors  for  service 
between  the  setting  and  rising  of  the  sun,  under  such 
regulations  as  the  Secretary  of  the  Treasury  may  pre- 
scribe, to  be  received  by  the  collector  from  the  master, 
owner,  or  consignee  of  the  vessel,  and  to  be  paid  by  him 
to  the  inspector  or  inspectors. 

If  any  merchandise  shall  be  unladen  or  delivered  from  R-  s.,  2873. 
any  vessel  contrary  to  the  preceding  section,  the  master 
of  such  vessel,  and  every  other  person  who  shall  know- 
ingly be  concerned,  or  aiding  therein,  or  in  removing, 
storing,  or  otherwise  securing  such  merchandise,  shall 
each  be  liable  to  a  penalty  of  four  hundred  dollars  for 
each  offense,  and  shall  be  disabled  from  holding  any  office 
of  trust  or  profit  under  the  United  States,  for  a  term  not 
exceeding  seven  years;  and  the  collector^ of  the  district 
shall  advertise  the  name  of  such  person  in  a  newspaper 
printed  in  the  State  in  which  he  resides,  within  twenty 
days  after  each  respective  conviction. 

All  merchandise,  so  unladen  or  delivered  contrary  to  R-  s-  2874- 
the  provisions  of  section  twenty-eight  hundred  and  sev- 


.Time  26,  1884 
Sec.  25. 


230  NAVIGATION   LAWS   OF   THE   UNITED  STATES. 

enty-two,  shall  become  forfeited,  and  may  be  seized  by 
any  of  the  officers  of  the  customs;  and  where  the  value 
thereof,  according  to  the  highest  market  price  of  the  same, 
at  the  port  or  district  where  landed,  shall  amount  to  four 
hundred  dollars,  the  vessel,  tackle,  apparel,  and  furniture 
shall  be  subject  to  like  forfeiture  and  seizure. 
225.  Supervision  of  unlading. 

r.  s.,  2875.  The  collector  of  any  district  at  which  any  vessel  ar- 

rives, immediately  on  her  first  coming  within  such  dis- 
trict, or  the  surveyor  of  any  port  where  such  vessel  is, 
may  put  and  keep  on  board  such  vessel,  while  remaining 
within  such  district,  or  in  going  from  one  district  to  an- 
other, one  or  more  inspectors  to  examine  the  cargo  or 
contents  of  such  vessel,  and  to  superintend  the  delivery 
thereof,  or  of  so  much  thereof  as  shall  be  delivered  within 
the  United  States,  and  to  perform  such  other  duties  ac- 
cording to  law,  as  they  shall  be  directed  by  the  collector, 
or  surveyor,  to  perform  for  the  better  securing  the  col- 
lection of  the  duties.  Only  collectors  shall  have  power, 
however,  to  put  inspectors  on  board  vessels  to  go  from 
one  district  to  another. 

r.  s.,  2876.  The  inspector  shall  make  known  to  the  master  of  such 

vessel  the  duties  he  is  to  perform;  and  shall  suffer  no 
merchandise  to  be  unladen,  or  otherwise  removed  from 
such  vessel,  without  a  permit  in  writing  from  the  collector 
of  the  port,  and  naval  officer  thereof,  if  any.  The  in- 
spector shall  enter  in  a  book,  to  be  by  him  kept  according 
to  such  a  form  as  shall  be  prescribed  or  approved  by  the 
collector,  the  name  of  the  person  in  whose  behalf  such 
permits  are  granted,  together  with  the  particulars  therein 
specified,  and  the  marks,  numbers,  kinds,  and  descrip- 
tion of  the  respective  packages  which  shall  be  unladen 
pursuant  thereto,  and  shall  keep  a  like  account  in  the 
book  of  all  merchandise  which,  not  having  been  entered 
within  the  time  limited  by  this  Title  [R.  S.,  2517-3129], 
or  for  some  other  cause,  has  been  sent  to  the  store  or  ware- 
house provided  for  the  reception  of  such  merchandise; 
such  book  shall  be  delivered  to  the  surveyor  in  the  month 
of  January  in  every  year  for  his  inspection,  and  immedi- 
ately after  such  inspection  be  transmitted  by  the  sur- 
veyor, with  such  observations  as  he  may  think  necessary 
thereon,  to  the  collector,  to  be  deposited  in  his  office. 

r.  s.,  2877.  The  inspector  shall  attend  to  the  delivery  of  the  cargo 

under  his  care,  at  all  times  when  the  unlading  or  delivery 
of  merchandise  is  lawful,  particularly  from  the  rising  to 
the  setting  of  the  sun  on  each  day,  Sundays  and  the 
fourth  day  of  July  in  each  year  excepted ;  for  which  pur- 
•  pose  he  shall  constantly  attend  and  remain  on  board  the 
vessel,  the  deliveries  from  which  he  is  to  superintend,  or  at 
any  other  station  where  his  inspection  is  necessary.  The 
inspector  shall  not  quit  such  station  or  place  without  the 
leave  of  the  surveyor  of  the  port  first  obtained,  who  shall 


PART  XV. ENTRY   OF    MERCHANDISE.  231 

appoint  another  inspector,  if  he  deems  it  necessary,  to 
supply  the  place  of  such  inspector  during  his  absence; 
and  any  inspector  who  shall  neglect  or  in  any  manner  act 
contrary  to  the  duties  hereby  enjoined,  shall  for  the  first 
offense  be  liable  to  a  penalty  of  the  sum  of  fifty  dollars, 
and  for  the  second  offense  shall  be  displaced,  and  be  in- 
capable of  holding  any  station  of  trust  or  profit  under 
the  revenue  laws  of  the  United  States,  for  a  term  not 
exceeding  seven  years. 

No  inspector  shall  perform  any  other  duties  or  service  R.  s.,  2878. 
on  board  any  vessel,  the  superintendence  of  which  is  com- 
mitted to  him  for  any  person  whatever,  other  than  what 
is  required  by  this  Title  [R.  S.,  2517-3129],  under  the 
penalty  of  being  disabled  from  acting  any  longer  as  an 
inspector  of  the  customs;  the  wages  or  compensation  of 
such  inspector  as  may  proceed  from  one  district  to  an- 
other, shall  be  defrayed  by  the  master  of  the  vessel  com- 
mitted to  his  care ;  every  inspector  or  other  officer  of  the 
revenue,  while  performing  any  duty  on  board  any  vessel, 
not  in  a  port  of  the  United  States,  discharging  her  cargo, 
shall  be  entitled  to  receive  from  the  master  of  such  vessel 
such  provisions  and  accommodations  as  are  usually  sup- 
plied to  passengers,  or  as  the  state  and  condition  of  such 
vessel  will  admit,  on  receiving  therefor  fifty  cents  a  day ; 
and  any  master  of  any  vessel  who  shall  refuse  such  pro- 
visions and  reasonable  accommodations  shall  be  liable  to 
a  penahVy  of  one  hundred  dollars. 

If,  by  reason  of  the  delivery  of  the  cargo  in  several  dis-  r.  s.,  2879. 
tricts,  more  than  the  term  allowed  by  law  shall  in  the 
whole  be  spent  therein,  the  wages  or  compensation  of  the 
inspector  who  may  be  employed  on  board  of  any  vessel, 
in  respect  to  which  such  term  may  be  so  exceeded,  shall, 
for  every  day  of  such  excess,  be  paid  by  the  master  or 
owner;  and  the  inspector  shall,  previously  to  the  clear- 
ance of  the  vessel,  render  an  exact  account  to  the  collec- 
tor of  all  such  compensation  as  has  been  paid,  or  is  due 
and  payable  by  the  master  or  owner. 

The  inspector  who  may  be  put  on  board  of  any  vessel  R-  s->  807° 
shall  secure,  after  sunset  in  each  evening,  or  previous  to 
his  quitting  the  vessel,  the  hatches  and  other  communica- 
tions with  the  hold  of  such  vessel,  or  any  other  part 
thereof  he  may  judge  necessary,  with  locks  or  other 
proper  fastenings,  which  locks  or  other  fastenings  shall 
not  be  opened,  broken,  or  removed  until  the  morning  fol- 
lowing, or  after  the  rising  of  the  sun,  and  in  the  presence 
of  the  inspector  by  whom  the  same  were  affixed,  except  by 
special  license  from  the  collector  of  the  port,  and  the 
naval  officer,  if  any,  first  obtained.  If  the  locks  or  other 
fastenings,  or  any  of  them,  are  broken  or  removed  con- 
trary to  this  section,  or,  if  any  merchandise  or  packages 
are  clandestinely  landed,  notice  thereof  shall  be  immedi- 
ately given  by  the  inspector  to  the  collector  and  naval 


R.  S.,2880 
May  9,  181 


232  NAVIGATION    LAWS   OF    THE   UNITED   STATES. 

officer,  if  any,  of  the  port  where  the  vessel  may  be;  and 
the  master  of  such  vessel  shall,  for  each  or  every  such 
offense,  be  liable  to  a  penalty  of  five  hundred  dollars. 
derXeCMare03  Merchandise  shall  not  be  entered  or  delivered  from 
1913.  '  '  customs  custody  elsewhere  than  at  one  of  the  ports  of 
entry  hereinbefore  designated,  except  at  the  expense  of 
the  parties  in  interest,  upon  express  authority  from  the 
Secretary  of  the  Treasury  and  under  conditions  to  be 
prescribed  by  him.  When  it  shall  be  made  to  appear  to 
the  Secretary  of  the  Treasury  that  the  interests  of  com- 
merce or  the  protection  of  the  revenues  so  require,  he  may 
cause  to  be  stationed  at  places  in  the  various  collection 
districts,  though  not  named  as  ports  of  entry,  officers  or 
employees  of  the  customs  with  authority  to  enter  and 
clear  vessels,  to  accept  entries  of  merchandise,  to  collect 
duties,  and  to  enforce  the  various  provisions  of  the  cus- 
toms and  navigation  laws.  [For  list  of  ports  of  entry,  see 
par.  478,  p.  554.] 

226.  Limit  of  time  for  unlading. 

Whenever  any  merchandise  shall  be  imported  into  any 
port  of  the  United  States  from  any  foreign  port,  in  any 
vessel,  at  the  expiration  of  ten  working  days  if  the  vessel 
is  less  than  five  hundred  tons  register,  and  within  fifteen 
working  days  if  it  is  of  five  hundred  tons  register  and 
less  than  one  thousand,  and  within  twenty  working  days 
if  it  is  of  one  thousand  tons  register  and  less  than  fifteen 
hundred,  and  within  twent}^-five  working  days  if  it  is  of 
fifteen  hundred  tons  register  and  upward,  not  including 
legal  holidays  and  days  when  the  condition  of  the  weather 
prevents  the  unlading  of  the  vessel  with  safety  to  its 
cargo,  after  the  time  within  which  the  report  of  the 
master  of  any  vessel  is  required  to  be  made  to  the  col- 
lector of  the  district,  if  there  is  found  any  merchandise 
other  than  has  been  reported  for  some  other  district  or 
some  foreign  port,  the  collector  shall  take  possession 
thereof;  but  with  the  consent  of  the  owner  or  consignee 
of  any  merchandise,  or  with  the  consent  of  the  owner  or 
master  of  the  vessel  in  which  the  same  may  be  imported, 
the  merchandise  may  be  taken  possession  of  by  the  col- 
lector after  one  day's  notice  to  the  collector  of  the  district. 
All  merchandise  so  taken  shall  be  delivered  pursuant  to 
the  order  of  the  collector  of  the  district,  for  which  a  cer- 
tificate or  receipt  shall  be  granted. 
June'  388i89"  ^he  nmitation  of  time  for  unlading,  prescribed  by  the 
sec  2.  '  "'  preceding  section,  shall  not  extend  to  vessels  laden  exclu- 
sively with  coal,  salt,  sugar,  hides,  dyewoods,  wool,  or 
jute  butts,  consigned  to  one  consignee,  arriving  at  a  port 
for  orders ;  but  if  the  master  of  any  such  vessel  requires  a 
longer  time  to  discharge  her  cargo,  the  wages  or  compen- 
sation of  the  inspector,  for  every  day's  attendance  ex- 
ceeding the  number  of  days  allowed  by  law,  shall  be  paid 
by  the  master  or  owner;  and  thereupon  the  collector  is 
hereby  authorized  and  required  to  allow  such  longer  time, 
not  exceeding  fifteen  days. 


PAET   XV. ENTRY   OF    MERCHANDISE.  233 

All  merchandise  of  which  the  collector  shall  take  pos-  R  s->  2969- 
session  under  the  provisions  relating  to  the  time  for  the 
discharge  of  a  vessel's  cargo  shall  be  kept  with  due  and 
reasonable  care  at  the  charge  and  risk  of  the  owner. 

227.  Unlading  of  wines  and  spirits. 

Every  permit  for  the  unlading  of  spirits,  wines,  or  any  R.  s.,  2883. 
part  thereof,  shall,  previous  to  such  landing  or  unlading 
thereof,  be  produced  to  the  officer  of  inspection,  who  shall 
record  or  register  in  proper  books  the  contents  thereof, 
and  shall  indorse  thereupon  the  word  "Inspected,"  the 
time  when,  and  his  own  name;  after  which  he  shall 
return  the  permit  to  the  person  by  whom  it  was  produced, 
and  then,  and  not  otherwise,  it  shall  be  lawful  to  land  the 
spirits,  or  wines,  therein  specified ;  and  if  spirits  or  wines 
shall  be  landed  without  such  indorsement  upon  the  permit 
granted  for  that  purpose,  the  master  of  the  vessel  from 
which  the  same  shall  have  been  so  landed  shall  for  every 
such  offense  be  liable  to  a  penalty  of  five  hundred  dollars, 
and  the  spirits  or  wines  so  landed  shall  be  forfeited. 

All  distilled  spirits,  and  wines,  shall  be  landed  under  R-  S-. 2884- 
the  inspection  of  the  surveyor,  or  other  officer  acting  as 
inspector  of  the  revenue  for  the  port,  and  such  of  the  in- 
spectors of  the  customs  as  shall  be  deputed  by  him  for 
that  purpose,  and  not  otherwise,  on  pain  of  forfeiture 
thereof,  for  which  purpose  the  officer  shall  at  all  reason- 
able times  attend.  This  shall  not,  however,  be  construed 
to  exclude  the  inspection  of  any  officer  of  the  customs,  as 
now  or  heretofore  practiced. 

228.  Post  entry. 

If  any  package  whatever  which  has  been  so  reported  is  R  s.,2887. 
wanting,  and  not  found  on  board  such  vessel,  or  if  the 
merchandise  on  board  such  vessel  does  not  otherwise 
agree  with  the  report  or  manifest  delivered  by  the  master 
of  any  such  vessel,  in  every  such  case  the  master  shall  be 
liable"  to  a  penalty  of  five  hundred  dollars ;  except  that 
if  it  is  made  to  appear  to  the  satisfaction  of  the  collector, 
naval  officer,  and  surveyor,  or  to  the  major  part  of  them 
where  those  officers  are  established  at  any  port,  or  to  the 
satisfaction  of  the  collector  alone  where  neither  of  the 
others  is  established,  or  in  case  of  trial  for  the  penalty,  to 
the  satisfaction  of  the  court,  that  no  part  whatever  of 
merchandise  of  such  vessel  has  been  unshipped,  landed, 
or  unladen  since  it  was  taken  on  board,  except  as  speci- 
fied in  the  report  or  manifest,  and  pursuant  to  permits, 
or  that  the  disagreement  is  by  accident  or  mistake,  in 
such  case  the  penalty  shall  not  be  inflicted.  But  in  all 
such  cases  the  master  of  any  vessel  shall  be  required  and 
shall  make  a  post  entry  or  addition  to  the  report  or  mani- 
fest by  him  delivered  of  any  and  all  merchandise  omitted 
to  be  included  and  reported  in  such  manifest ;  and  it  shall 
not  be  lawful  to  grant  a  permit  to  unlade  any  such  mer- 
chandise so  omitted  before  such  post  entry  or  addition  to 
such  report  or  manifest  has  been  made. 


234  NAVIGATION    LAWS   OF   THE  UNITED   STATES. 

229.  Returns  of  unlading  of  cargo. 

r.  s ,  2888.  When  the  delivery  of  merchandise  from  on  board  of 

any  vessel  is  completed,  copies  of  the  accounts  or  entries 
which  have  been  kept  or  made  thereof,  by  the  officer 
charged  with  the  deliveries,  shall  be  returned  to  the  col- 
lector of  the  district,  and  the  naval  officer,  if  any,  within 
three  days  after  such  delivery  has  been  completed,  if  at 
the  port  where  such  officer  resides,  and  if  at  any  other 
port  as  soon  as  the  nature  of  the  case  will  admit,  not  ex- 
ceeding fifteen  days.  The  accounts  or  entries  to  be  so 
returned  shall  comprise  all  deliveries  made  pursuant  to 
permits,  and  all  packages  or  merchandise  sent  to  the 
public  stores ;  also  each  and  every  package  remaining  on 
board  of  such  vessel  for  the  purpose  of  being  exported 
therein  to  a  foreign  port,  or  to  some  other  district  of  the 
United  States. 

r.  s.,  2889.  Such  returns  shall  be  signed  by  the  inspectors  respec- 

tively under  whose  superintendence  the  deliveries  have 
been  made;  and,  after  examination,  and  on  being  found 
correct,  shall  be  countersigned  or  certified  by  the  sur- 
veyor of  the  port,  if  any,  at  the  port  where  the  deliveries 
have  been  made.  The  returns  shall  be  transmitted  by 
him  to  the  naval  officer,  if  any;  who  shall  compare  the 
same  with  the  manifests  and  entries  in  his  possession; 
and  if  any  difference  appears,  the  particulars  thereof 
shall  be  noted  by  indorsement  on  the  returns;  and  if  no 
difference  appears,  it  shall  be  so  noted  by  like  indorse- 
ments. The  naval  officer  shall  transmit  the  returns  to 
the  collector  of  the  district :  and  on  being  returned  to  the 
collector,  shall  be  by  him  compared  with  the  manifests 
and  entries  of  the  merchandise,  which  have  been  made  by 
the  owner,  consignee,  or  his  factor  or  agent;  and  if  any 
difference  appeal's,  the  same  shall  be  noted  by  indorse- 
ment on  such  manifests,  specifying  the  particulars 
thereof ;  and  if  no  difference  appears,  it  shall  be  noted  by 
like  indorsement,  that  the  delivery  corresponds  with  the 
entry  or  entries  thereof.  The  indorsement  or  memoran- 
dum shall,  in  each  case,  be  subscribed  by  the  officer  by 
whom  the  comparison  was  made. 
230.  Vessels  in  distress. 

r.  s.,  2891.  jf  anv  vessel  from  any  foreign  port,  compelled  by  dis- 

tress of  weather,  or  other  necessity,  shall  put  into  any 
port  of  the  United  States,  not  being  destined  for  the 
same,  the  master,  together  with  the  mate  or  person  next 
in  command,  may.  within  twenty-four  hours  after  her 
arrival,  make  protest  in  the  usual  form  upon  oath,  be- 
fore a  notary  public  or  other  person  duly  authorized. 
or  before  the  collector  of  the  district  where  the  vessel 
arrives,  setting  forth  the  cause  or  circumstances  of  such 
distress  or  necessity.  Such  protest,  if  not  made  before 
the  collector,  shall  be  produced  to  him.  and  to  the  naval 
officer,  if  any.  and  a  copy  thereof  lodged  with  him  or 
them.  The  master  shall  also,  within  forty-eight  hours 
after  such  arrival,  make  report  in  writing  to  the  collector, 
of  the  vessel  and  her  cargo,  as  is  directed  hereby  to  be 


PART  XV. ENTRY   OF    MERCHANDISE.  235 

done  in  other  cases.  And  if  it  appear  to  the  collector, 
by  the  certificate  of  the  wardens  of  the  port,  or  other 
officers  usually  charged  with,  and  accustomed  to  ascertain 
the  condition  of  vessels  arriving  in  distress,  if  any,  or  by 
the  certificate  of  two  reputable  merchants,  to  be  named 
for  that  purpose  by  the  collector,  if  there  are  no  such 
wardens,  or  other  officers  duly  qualified,  that  there  is  a 
necessity  for  unlading  the  vessel,  the  collector  and  naval 
officer,  "if  any,  shall  grant  a  permit  for  that  purpose, 
and  shall  appoint  an  inspector  to  oversee  such  unlading, 
who  shall  keep  an  account  of  the  same,  to  be  compared 
with  the  report  made  by  the  master  of  the  vessel. 

All  merchandise  so  unladen  from  any  vessel  arriving  in  r.  s.,  2892. 
distress  shall  be  stored  under  the  direction  of  the  collec- 
tor, who,  upon  request  of  the  master  of  such  vessel,  or  of 
the  owner  thereof,  shall,  together  with  the  naval  officer, 
where  there  is  one,  and  alone  where  there  is  none,  grant 
permission  to  dispose  of  such  part  of  the  cargo  as  may  be 
of  a  perishable  nature,  if  any  there  be,  or  as  may  be  neces- 
sary to  defray  the  expenses  attending  such  vessel  and  her 
cargo.  But  entry  shall  be  made  therefor,  and  the  duties 
paid. 

In  case  the  delivery  of  the  cargo  does  not  agree  with  the  r.  s.,  2893. 
report  thereof,  made  by  the  master  of  such  vessel  so  arriv- 
ing in  distress,  and  if  the  difference  or  disagreement  is  not 
satisfactorily  accounted  for  in  manner  prescribed  by  this 
Title  [R.  S.,  2517-3129],  the  master  of  such  vessel  shall  be 
liable  to  such  penalties  as  in  other  like  cases  are  pre- 
scribed. 

The  merchandise,  or  the  remainder  thereof,  which  shall  R  S-.  2894. 
not  be  disposed  of,  may  be  reladen  on  board  the  vessel  so 
arriving  in  distress,  under  the  inspection  of  the  officer  who 
superintended  the  landing  thereof,  or  other  proper  per- 
son; and  the  vessel  may  proceed  with  the  same  to  the 
place  of  her  destination/free  from  any  other  charge  than 
for  the  storing  and  safe-keeping  of  the  merchandise,  and 
fees  to  the  officers  of  the  customs  as  in  other  cases. 

Whenever  any  Spanish  vessel  shall  arrive  in  distress,  in  R.  s.,  2895. 
any  port  of  the  United  States,  having  been  damaged  on 
the  coasts  or  within  the  limits  of  the  United  States,  and 
her  cargo  shall  have  been  unladen,  in  conformity  with  the 
provisions  of  the  four  preceding  sections,  the  cargo,  or 
any  part  thereof,  may,  if  the  vessel  should  be  condemned 
as  not  seaworthy,  or 'be  deemed  incapable  of  performing 
her  original  voyage,  afterward  be  reladen  on  board  any 
other  vessel  under  the  inspection  of  the  officer  who  super- 
intended the  landing  thereof,  or  other  proper  person.  No 
duties,  charges,  or  fees  whatever,  shall  be  paid  on  such 
part  of  the  cargo  as  may  be  reladen  and  carried  away, 
either  in  the  vessel  in  which  it  was  originally  imported, 
or  in  any  other. 
231.  Obstruction  by  ice. 

When  a  vessel  is  prevented  by  ice  from  getting  to  the  r.  s.,  2896. 
port  or  place  at  which  her  cargo  is  intended  to  be  deliv- 


236  NAVIGATION    LAWS   OF    THE    UNITED   STATES. 

ered,  the  collector  of  the  district  in  which  such  vessel  may 
be  obstructed  may  receive  the  report  and  entry  of  such 
vessel,  and,  with  the  consent  of  the  naval  officer,  where 
there  is  one,  grant  permits  for  unlading  or  landing  the 
merchandise  imported  in  such  vessel,  at  any  place  within 
his  district,  most  convenient  and  proper.  The  report  and 
entry  of  such  vessel,  and  her  cargo,  or  any  part  thereof, 
and  all  persons  concerned  therein,  shall  be  subject  to  the 
same  regulations  and  penalties  as  if  the  vessel  had  ar- 
rived at  the  port  of  her  destination,  and  had  there  pro- 
ceeded to  the  delivery  of  her  cargo. 

232.  Unlawful  removal  of  bonded  merchandise. 

r.  s.,  2998.  Any  person  maliciously  opening,  breaking,  or  entering 

by  any  means  whatever,  any  car,  vessel,  vehicle,  ware- 
house, or  package  containing  any  such  merchandise  so 
delivered  for  transportation,  or  removing,  injuring,  break- 
ing, or  defacing  any  lock  or  seal  placed  upon  such  car, 
vessel,  vehicle,  warehouse,  or  package,  or  aiding,  abetting, 
or  encouraging  any  other  person  or  persons  so  to  remove, 
break,  injure,  or  deface  such  locks  or  seals,  or  to  open, 
break,  or  enter  such  car,  vessel,  or  vehicle,  with  intent  to 
remove  or  cause  to  be  removed  unlawfully  any  merchan- 
dise therein,  or  in  any  manner  to  injure  or  defraud  the 
United  States ;  and  any  person  receiving  any  merchandise 
unlawfully  removed  from  any  such  car,  vessel,  or  vehicle, 
knowing  it  to  have  been  so  unlawfully  removed,  shall  be 
guilty  of  felony,  and  in  addition  to  any  penalties  hereto- 
fore prescribed  shall  be  punishable  by  imprisonment  for 
not  less  than  six  months  nor  more  than  two  years. 

233.  Transportation  in  bond. 

r  s.,  3000.  Any  merchandise,  duly  entered  for  warehousing,  may 

be  withdrawn  under  bond,  without  payment  of  the  duties, 
from  a  bonded  warehouse  in  any  collection-district,  and 
be  transported  to  a  bonded  warehouse  in  any  other  col- 
lection-district, and  rewarehoused  thereat;  and  any  such 
merchandise  may  be  so  transported  to  its  destination 
wholly  by  land,  or  wholly  hy  water,  or  partially  by  land 
and  partially  by  water,  over  such  routes  as  the  Secretary 
of  the  Treasury  may  prescribe,  and  may  likewise  be  con- 
veyed over  any  foreign  territory,  the  government  of 
which  may  have,  or  shall  by  treaty  stipulations  grant,  a 
free  right  of  way  over  such  territory. 

r.  s.,  3ooi.  The  Secretary  of  the  Treasury  shall  prescribe  the  form 

of  the  bond  to  be  given  for  the  transportation  of  mer- 
chandise from  a  port  in  one  collection-district  to  a  port 
in  another  collection-district  as  provided  in  the  pre- 
ceding section ;  also  the  time  for  such  delivery ;  and  for  a 
failure  to  transport  and  deliver  within  the  time  limited 
any  such  bonded  merchandise  to  the  collector  at  the  des- 
ignated port,  a  duty  of  double  the  amount  to  which  such 
merchandise  would  be  liable  shall  be  collected,  which 
duty  shall  be  secured  by  such  bond,  or  the  merchandise 
may  be  seized  and  forfeited  for  such  failure,  and  any 


PART   XV. ENTRY    OF    MERCHANDISE.  237 

steam  or  other  vessel,  or  vehicle,  transporting  such  bonded 
merchandise,  the  master,  owner,  or  conductor  of  which 
shall  fail  to  deliver  the  same  to  the  collector  at  the  desig- 
nated port,  shall  be  liable  to  seizure  and  forfeiture.  And 
the  Secretary  of  the  Treasury  is  hereby  authorized  to 
remit,  in  whole  or  in  part,  on  such  conditions  and  under 
such  regulations,  not  inconsistent  with  law,  as  he  may 
prescribe,  the  additional  duty  secured  by  the  bond  given 
for  the  transportation  of  merchandise  from  a  port  in  one 
collection-district  to  a  port  in  another  collection-district 
prescribed  by  the  preceding  section:  Provided,  That  it 
shall  be  proved  to  the  satisfaction  of  the  Secretary  of  the 
Treasury  that  the  failure  to  transport  and  deliver  the 
merchandise  aforesaid  according  to  the  conditions  of  the 
bonds  occurred  without  willful  negligence  or  fraudulent 
intent  on  the  part  of  the  obligors. 
234.  Transportation  to  special  ports. 

Any  imported  merchandise  in  the  original  packages  R.  s.,3002. 
which  shall  have  been  duly  entered  and  bonded,  in  pursu- 
ance of  the  provisions  relating  to  warehouses,  may  be 
withdrawn  from  warehouse  for  immediate  exportation, 
without  payment  of  duties,  to  Chihuahua,  in  Mexico,  by 
the  route  of  the  Arkansas  River,  through  Van  Buren,  or 
by  the  route  of  the  Eed  River,  through  Fulton,  or  by  the 
route  of  the  Missouri  River,  through  Independence,  or  by 
such  other  routes  as  may  be  designated  by  the  Secretary 
of  the  Treasury.  Any  imported  merchandise  duly  entered 
and  bonded  at  Brownsville,  in  the  district  of  Brazos  de 
Santiago,  or  imported  and  bonded  at  any  other  port  of 
the  United  States,  and  transported  thence  in  bond,  and 
duly  rewarehoused  at  Brownsville,  may  be  withdrawn 
from  warehouse  for  immediate  exportation,  without  pay- 
ment of  duties,  to  ports  and  places  in  Mexico,  by  land  or 
water,  or  partly  by  land  and  partly  by  water,  or  by  such 
routes  as  may  be  designated  by  the  Secretary  of  the 
Treasury. 

Any  imported  merchandise  duly  entered  and  bonded  in  R.  s.,  3003. 
any  port  of  the  United  States  may  be  withdrawn  from 
warehouse  without  payment  of  duties,  for  immediate 
exportation  for  San  Fernando,  Paso  del  Norte,  and  Chi- 
huahua, in  Mexico,  through  the  pOrt  of  Lavaca,  in  the 
collection-district  of  Saluria,  in  the  State  of  Texas,  and 
be  transshipped  inland,  thence  to  San  Antonio,  in  that 
State,  and  from  the  latter  place  to  the  destinations  in 
Mexico, -either  by  way  of  Eagle  Pass,  the  Presidio  del 
Norte,  or  San  Elizario,  all  on  the  Rio  Grande;  and  the 
Secretary  of  the  Treasury  is  hereby  authorized  to  pre- 
scribe such  regulations,  not  inconsistent  with  law,  as  he 
may  deem  proper  and  necessary,  respecting  the  packing, 
marking,  inspection,  proof  of  due  delivery  at  their  foreign 
destinations  of  the  imports  authorized  by  this  and  the 
foregoing  section  to  be  exported  from  warehouse  to  ports 
and  places  in  Mexico,  and  for  the  due  protection  in  other 
respects  of  the  public  revenue. 


238  NAVIGATION    LAWS   OF    THE    UNITED    STATES. 

SepSt.'l5°i890.  Imported  merchandise  duly  entered  and  bonded  at  a 
'  port  of  the  United  States,  and  withdrawn  from  ware- 
house in  accordance  with  existing  law,  for  exportation 
for  San  Fernando,  Paso  del  Norte,  and  Chihuahua,  in 
Mexico,  may  pass  through  Eagle  Pass,  the  port  of  entry 
for  the  district  of  Saluria,  in  Texas,  under  such  regula- 
tions as  the  Secretary  of  the  Treasury  shall  prescribe,  as 
well  as  through  the  port  of  Lavaca. 

u.  s.,  soon.  All  merchandise  arriving  at  the  ports  of  New  York, 

Boston,  Portland  in  Maine,  or  any  other  port  specially 
designated  by  th$  Secretary  of  the  Treasury,  and  destined 
for  places  in  the  adjacent  British  provinces,  or  arriving 
at  the  port  of  Brownsville  in  Texas,  or  any  other  port 
specially  designated  by  the  Secretary  of  the  Treasury, 
and  destined  for  places  in  the  republic  of  Mexico,  may 
be  entered  at  the  custom-house,  and  conveyed,  in  transit, 
through  the  territory  of  the  United  States,  without  the 
payment  of  duties,  under  such  regulations  as  the  Secre- 
tary of  the  Treasury  may  prescribe. 

MaS"2i°0i900  1  merchandise  arriving  at  any  port  of  the  United 

sec  £  '  "  States  destined  for  any  foreign  Country  may  be  entered 
at  the  custom-house,  and  conveyed,  in  transit,  through 
the  territory  of  the  United  States,  without  the  payment 
of  duties,  under  such  regulations  as  to  examination  and 
transportation  as  the  Secretary  of  the  Treasury  may  pre- 
scribe. 

r.  s.,  3006.  Imported   merchandise   in   bond,   or   duty   paid,   and 

products  or  manufactures  of  the  United  States,  may,  with 
the  consent  of  the  proper  authorities  of  the  British  prov- 
inces or  republic  of  Mexico,  be  transported  from  one  port 
in  the  United  States  to  another  port  therein,  over  the 
territory  of  such  provinces  or  republic,  by  such  routes, 
and  under  such  rules,  regulations,  and  conditions  as  the 
Secretary  of  the  Treasury  may  prescribe;  and  the  mer- 
chandise so  transported  shall,  upon  arrival  in  the  United 
States  from  such  provinces  or  republic,  be  treated  in  re- 
gard to  the  liability  to  or  exemption  from  duty,  or  tax, 
as  if  the  transportation  had  taken  place  entirely  within 
the  limits  of  the  United  States. 

k.  s.,  3C07.  Eailroad-cars  or  other  vehicles  laden  with  merchandise, 

sealed  by  a  customs  officer,  passing,  under  the  provisions 
of  the  preceding  section  and  the  regulations  of  the  Sec- 
retary of  the  Treasury,  from  one  port  in  the  United 
States  to  another  therein,  through  foreign  contiguous 
territory,  shall  be  exempt  from  the  payment  of, any  fees 
for  receiving  or  certifying  manifests  thereof. 

u  s.,  3008.  No  merchandise  exported  to  Mexico  or  the   British 

North  American  Provinces  shall  be  voluntarily  landed  or 
brought  into  the  United  States;  and  any  so  landed  or 
brought  into  the  United  States  shall  be  forfeited;  and 
the  same  proceeding  shall  be  had  for  its  condemnation, 
and  the  distribution  of  the  proceeds  of  the  sales,  as  in 
other  cases  of  forfeiture  of  merchandise  illegally  im- 
ported.   Every  person  concerned  in  the  voluntary  land- 


PART    XV. ENTRY   OF    MERCHANDISE. 


239 


ing  or  bringing  such  merchandise  into  the  United  States 
shall  be  liable  to  a  penalty  of  four  hundred  dollars. 

235.  Immediate  delivery. 

When  merchandise  shall  be  imported  into  any  port  of 
the  United  States  from  any  foreign  country  in  vessels, 
and  it  shall  appear  by  the  bills  of  lading  that  the  mer- 
chandise so  imported  is  to  be  delivered  immediately  after 
the  entry  of  the  vessel,  the  collector  of  such  port  may  take 
possession  of  such  merchandise  and  deposit  the  same  in 
bonded  warehouse;  and  when  it  does  not  appear  by  the 
bills  of  lading  that  the  merchandise  so  imported  is  to  be 
immediately  delivered,  the  collector  of  the  customs  may 
take  possession  of  the  same,  and  deposit  it  in  bonded 
warehouse,  at  the  request  of  the  owner,  master,  or  con-" 
signee  of  the  vessel,  on  three  days'  notice  to  such  collector 
after  the  entry  of  the  vessel. 

236.  Immediate  transportation. 

When  any  merchandise,  other  than  explosive  articles, 
and  articles  in  bulk  not  provided  for  in  section  five  of  this 
act,  imported  at  the  ports  of 


Alburg,  Vt. 
Ashtabula,  Ohio. 
Astoria,  Oreg. 
Baltimore,  Md. 
Bangor,  Me. 
Bath,  Me. 
Bay  City,  Mich. 
Beecher  Falls,  Vt. 
Blaine,  Wash. 
Boston,  Mass. 
Brownsville,  Tex. 
Brunswick,  Ga. 
Buffalo,  N.  Y. 
Burlington,  Vt. 
Calais,  Me. 
Charleston,  S.  C. 
Chicago,  111. 
Chopaka,  Wash. 
Cleveland,  Ohio. 
Detroit,  Mich. 
Duluth,  Minn. 
Eagle  Pass.  Tex. 
Eastport,  Idaho. 
Eastport,  Me. 
El  Paso,  Tex. 
Everett,  Wash. 
Fernandina,  Fla. 
Fort  Covington,  N.  Y. 
Galveston,  Tex. 
Gladstone,  Mich. 
Honolulu,  Hawaii. 


Island  Pond,  Vt. 
Jacksonville,  Fla. 
Key  West,  Fla. 
Knights  Key,  Fla 
Laredo,  Tex. 
Laurier,  Wash. 
Los  Angeles,  Calif 
Lowelltown 

Holeb).  Me. 
Malone,  N.  Y. 
Marquette,  Mich. 
Miami,  Fla. 
Milwaukee,  Wis. 
Mobile,  Ala. 
Neche,  N.  Dak. 
New  London,  Conn. 
New  Orleans,  La. 
Newport,  Vt. 
Newport  News,  Va. 
New  York,  N.  Y. 
Niagara  Falls,  N.  "! 
Nogales,  Ariz. 
Norfolk,  Va. 
Northport,  Wash. 
Noyes,  Minn. 
Nyando,  N.  Y. 
Ogdensburg,  N.  Y. 
Pembina,  N.  Dak. 
Pensacola,  Fla. 
Philadelphia,  Pa. 
Port  Huron,  Mich. 


Portal,  N.  Dak. 
Port  Arthur,  Tex. 
Portland,  Me. 
Portland,  Oreg. 
Port  Towsend,  Wash. 
Providence,  It.  I. 
Ranier,  Minn, 
(or  Richford,  Vt. 
Rochester,  N.  Y. 
Rouses  Point,  N.  Y. 
St.  Albans,  Vt. 
St.  John,  N.  Dak. 
St.  Vincent  (Noyes) 

Minn. 
San  Diego,  Calif. 
San  Francisco,  Calif. 
Sault  Ste.  Marie,  Mich. 
Savannah,  Ga. 
Seattle,  Wash. 
Sioux  City,  Iowa. 
Sumas,  Wash. 
Tacoma,  Wash. 
Tampa,  Fla. 
Texas  City,  Tex. 
Toledo,  Ohio. 
Van  Buren,  Me. 
Vanceboro,  Me. 
Walhalla,  N.  Dak. 
Wilmington,  N.  C. 


shall  appear  by  the  invoice  or  bill  of  lading  and  manifest 
of  the  importing  vessel  to  be  consigned  to  and  destined  for 
either  of  the  ports  specified  in  the  seventh  section  of  this 
act,  the  collector  at  the  port  of  arrival  shall  allow  the  said 
merchandise  to  be  shipped  immediately  after  the  entry 
prescribed  in  section  two  of  this  act  has  been  made. 

The  collector  of  the  port  of  first  arrival  shall  retain  in 
his  office  a  permanent  record  of  such  merchandise  so  to  be 
forwarded  to  the  port  of  destination,  and  such  record 


R.  S. 
June 
Sec. 


June 
June 


10,  1880. 
14,  1880. 


June 
Sec. 


10,  1880. 
2. 


iVb.    L'.-l, 


240  NAVIGATION    LAWS    OF    THE    UNITED   STATES. 

shall  consist  of  a  copy  of  the  invoice  and  an  entry  whereon 
the  duties  shall  be  estimated  as  closely  as  possible  on  the 
merchandise  so  shipped,  but  no  oaths  shall  be  required  on 
the  said  entry.  Such  merchandise  shall  not  be  subject  to 
appraisement  and  liquidation  of  duties  at  the  port  of  first 
arrival,  but  shall  undergo  such  examination  as  the  Secre- 
tary of  the  Treasury  shall  deem  necessary  to  verify  the 
invoice;  and  the  same  examination  and  appraisement 
thereof  shall  be  required  and  had  at  the  port  of  desti- 
nation as  would  have  been  required  at  the  port  of  first 
arrival  if  such  merchandise  had  been  entered  for  con- 
sumption or  warehouse  at  such  port. 
Sc<  •  s-  Such  merchandise  shall  be  delivered  to  and  transported 

by  common  carriers,  to  be  designated  for  this  purpose  by 
the  Secretary  of  the  Treasury,  and  to  and  by  none  others : 
and  such  carriers  shall  be  responsible  to  the  United  States 
as  common  carriers  for  the  safe  delivery  of  such  mer- 
chandise to  the  collector  at  the  port  of  its  destination; 
and  before  any  such  carriers  shall  be  permitted  to  receive 
and  transport  any  such  merchandise,  they  shall  become 
bound  to  the  United  States  in  bonds  of  such  form  and 
amount,  and  with  such  conditions,  not  inconsistent  with 
law,  and  such  security  as  the  Secretary  of  the  Treasury 
shall  require. 
Sec.  5.^  1  ^  Merchandise  transported  under  the  provisions  of  this 
'  act  shall  be  conveyed  in  cars,  vessels,  or  vehicles  securely 
fastened  with  locks  or  seals,  under  the  exclusive  control 
of  the  officers  of  the  customs;  and  merchandise  may  also 
be  transported  under  the  provisions  of  this  act  by  express 
companies  on  passenger-trains,  in  safes,  "  pouches  ",  and 
trunks,  which  shall  be  of  such  size,  character,  and  de- 
scription and  secured  in  such  manner  as  shall  be  from 
time  to  time  prescribed  by  the  Secretary; 

And  in  cases  where  merchandise  shall  be  imported  in 
boxes  or  packages  too  large  to  be  included  within  the 
safes,  trunks,  or  "  pouches  "  as  prescribed,  such  merchan- 
dise may  be  transported  under  the  provisions  of  this  act 
by  such  express  companies,  "  corded  and  sealed  ",  in  such 
manner  as  shall  from  time  to  time  be  prescribed  by  the 
Secretary  of  the  Treasury; 

And  "  passengers  "  baggage  and  effects  arriving  at  any 
of  the  ports  specified  in  section  one  of  this  act,  which 
shall  appear  by  the  manifest  of  the  importing  vessel,  or 
other  satisfactory  evidence,  to  be  destined  to  any  of  the 
ports  specified  in  the  seventh  section,  may  also  be  trans- 
ported by  express  companies  under  the  provisions  of  this 
act  to  any  of  the  ports  specified  in  the  seventh  section 
thereof,  in  such  manner  and  under  such  rules  and  regula- 
tions as  the  Secretary  of  the  Treasury  may  prescribed ; 

And  merchandise  such  as  pig-iron,  spiegie-iron,  scrap- 
iron,  iron-ore,  railroad-iron,  and  similar  articles  com- 
monly transported  upon  platform  or  flat  cars  may  be 
transported  under  the  provisions  of  this  act  upon  such  plat- 
form or  flat  cars;  and  the  weight  of  such  merchandise  so 
transported  shall  be  ascertained  in  all  cases  before  ship- 
ment, and  ordinarily  railroad  seals  may  be  used  for  such 


PART   XV. ENTRY    OF    MERCHANDISE. 


241 


purposes ;  and  inspectors  shall  bestationed  at  proper  points 
along  the  designated  routes,  or  upon  any  car,  vessel,  vehi- 
cle, or  train,  at  the  discretion  of  the  Secretary  of  the  Treas- 
ury, and  at  the  expense  of  the  companies,  respectively. 

Such  merchandise  shall  not  be  unladen  or  transshipped 
between  the  ports  of  first  arrival  and  final  destination, 
unless  authorized  by  the  regulations  of  the  Secretary  of 
the  Treasury  in  cases  which  may  arise  from  a  difference 
in  the  gauge  of  railroads,  or  "  where  the  route  is  bonded 
for  both  land  and  water  carriage,"  or  from  accidents,  or 
from  legal  intervention,  or  when,  by  reason  of  the  length 
of  the  route,  the  cars,  after  due  inspection  by  customs 
officers,  shall  be  considered  unsafe  or  unsuitable  to  pro- 
ceed further,  or  from  low  water,  ice,  or  other  unavoidable 
obstruction  to  navigation ;  and  in  no  case  shall  there  be 
permitted  any  breaking  of  the  original  packages  of  such 
merchandise. 

Section  five  of  the  Act  approved  June  tenth,  eighteen 
hundred  and  eighty,  governing  the  immediate  transpor- 
tation of  dutiable  goods  without  appraisement,  be,  and 
the  same  is  hereby,  so  amended  as  to  allow  common  car- 
riers bonded  under  the  provisions  of  said  Act,  in  instances 
where  a  sufficient  quantity  of  such  merchandise  is  not 
offered  at  the  port  of  first  arrival  to  fill  an  entire  car,  or 
compartment  thereof,  to  forward  such  merchandise  in 
cars  not  secured  by  the  prescribed  customs  fastenings  if 
the  packages  are  corded  and  sealed,  under  regulations  to 
be  prescribed  by  the  Secretary  of  the  Treasury;  in  all 
other  respects  the  provisions  of  the  Act  referred  to  to 
remain  in  full  force. 

The  privilege  of  immediate  transportation  shall  extend 
to  the  ports  of : 


Feb.  2,  1S99. 


June  10,  1880. 
Sec.  7. 


Albany,  N.  Y. 
Astoria,  Oreg. 
Atlanta,  Ga. 
Baltimore,  Md. 
Bangor,  Me. 
Bath,  Me. 
Bellingharu,  "Wash. 
Birmingham,  Ala. 
Boston,  Mass. 
Bridgeport,  Conn. 
Buffalo,  N.  Y. 
Burlington,  Vt. 
Calais,  Me. 
Charleston,  S.  C. 
Chattanooga,  Tenn. 
Chicago,  111. 
Cincinnati,  Ohio. 
Cleveland,  Ohio. 
Columbus.  Ohio. 
Corry,  Pa. 
Council      Bluffs, 

Iowa. 
Dallas,  Tex. 
Dayton,  Ohio. 
Denver,  Colo. 
Des,  Moines,  Iowa. 
Detroit,  Mich. 
Dubuque,  Iowa. 
Duluth,  Minn. 


Dunkirk,  N.  Y. 
Durham,  N.  C. 
Eagle  Pass,  Tex. 
Eastport,  Me. 
El  Paso,  Tex. 
Erie,  Pa. 
Evansvillejnd. 
Everett,  Wash. 
Fall  River,  Mass. 
Galveston,  Tex. 
Gladstone,  Mich. 
Gloucester,  Mass. 
Grand  Haven,  Mich. 
Grand  Rapids,  Mich. 
Green  Bay,  Wis. 
Greenwich,  Conn. 
Hartford,  Conn. 
Honolulu,  H.  I. 
Houston,  Tex. 
Indianapolis,  Ind. 
Jacksonville,  Fla. 
Kansas  City,  Mo. 
Key  West,  Fla. 
Knoxville,  Tenn. 
Laredo,  Tex. 
Lincoln,  Nebr. 
Los  Angeles,  Calif. 
Louisville,  Ky. 
Marquette,  Mich. 


Memphis,  Tenn. 
^Middletown,  Conn. 
Milwaukee,  Wis. 
Minneapolis,  Minn. 
Mobile,  Ala. 
Nashville,  Tenn. 
Newark,  N.  J. 
New  Bedford,  Mass. 
New  Haven,  Conn. 
New  Orleans,  La. 
Newport,  R.  I. 
Newport  News,  Va. 
New  York,  N.  Y. 
Niagara  Falls,  N.  Y. 
Nogales,  Ariz. 
Norfolk,  Va. 
Norwalk,  Conn. 
Noyes,  Minn. 
Oakland,  Calif. 
Ogdensburg,  N.  Y. 
Omaha,  Nebr. 
Oswego,  N.  Y. 
Peoria,  111. 
Perth  Amboy,  N.  J. 
Petersburg,  Va. 
Philadelphia,  Pa. 
Pittsburgh,  Pa. 
Port  Arthur,  Tex. 
Winston-Salem,  N.  C. 


143562°— 19 16 


242 


NAVIGATION    LAWS   OF    THE    UNITED    STATES. 


Port  Huron,  Mich. 
Portland,  Me. 
Portland,  Oreg. 
Portsmouth,  N.  H. 
Port  Townsend, 

Wash. 
Providence,  R.  I. 
Pueblo,  Colo. 
Richmond,  Va. 
Rochester.  N.  Y. 
Sabine  Pass,  Tex. 
St.  Augustine,  Fla. 
St.  Joseph,  Mo. 
St.  Louis,  Mo. 
St.  Paul,  Minn. 


Saginaw,  Mich. 
Salt     Lake     City, 

Utah. 
San  Antonio,  Tex. 
San  Diego,  Calif. 
Sandusky,  Ohio. 
San  Francisco,  Calif. 
Sault    Ste.    Marie, 

Mich. 
Savannah,  Ga. 
Seattle.  Wash. 
Sioux  City,  Iowa. 
*  South  Manchester, 

Conn. 
Spokane,  Wash. 


Springfield,  Mass. 
Superior,  Wis. 
Stamford,  Conn. 
Syracuse,  N.  Y. 
Tacoma,  Wash. 
Tampa,  Fla. 
Toledo,  Ohio. 
Utica,  N.  Y. 
Vanceboro.  Me. 
Washington,  D.  C. 
Wilmington,  Del. 
Wilmington,  N.  C. 
Worcester,  Mass. 


Sec.  6. 

July  2,  1884 


No  customs  oflicers  are  stationed  at  places  marked  thus  (*), 
and  consular  invoices  and  transportation  entries  should  not  be  for- 
warded to  such  places. 

Provided,  That  the  privilege  of  transportation  herein 
conferred  shall  not  extend  to  any  place  at  which  there  are 
not  the  necessary  officers  for  the  appraisement  of  mer- 
chandise and  the  collection  of  duties. 

No  merchandise  shall  be  shipped  under  the  provisions 
of  this  act  after  such  merchandise  shall  have  been  landed 
ten  days  from  the  importing  vessel,  and  merchandise  not 
entered  within  such  time  shall  be  sent  to  a  bonded  ware- 
house by  the  collector  as  unclaimed,  and  held  until  regu- 
larly entered  and  appraised. 

Merchandise  so  destined  for  immediate  transportation 
shall  be  transferred,  under  proper  supervision,  directly 
from  the  importing  vessel  to  the  car,  vessel,  or  vehicle 
specified  in  the  entry. 
Feb.  23,  1887.  The  provisions  of  the  act  entitled,  "An  act  to  amend  the 
statutes  in  relation  to  the  immediate  transportation  of  du- 
tiable goods,  and  for  other  purposes,"  approved  June 
tenth  eighteen  hundred  and  eighty,  be,  and  the  same  are 
hereby,  so  amended  as  to  allow  merchandise  liable  to 
specific  rates  of  duty  only  to  be  entered  for  immediate 
transportation  without  appraisement  to  any  of  the  ports 
mentioned  in  the  seventh  section  of  said  act,  although  the 
same  may  not  appear  by  the  invoice,  bill  of  lading,  or 
manifest  of  the  importing  vessel  to  be  consigned  to  or 
destined  for  either  of  said  ports,  when  the  consignee  at 
the  port  of  first  arrival  shall  make  written  application 
therefor  to  the  collector,  giving  the  name  of  the  person  at 
the  port  or  destination  to  whom  he  desires  the  merchan- 
dise to  be  consigned ;  and  whenever  such  application  and 
entry  shall  be  made,  the  original  invoice  presented  by  the 
consignee  at  the  port  of  first  arrival  shall  be  forwarded, 
with  a  copy  of  the  transportation  entry,  to  the  collector 
at  the  port  of  destination;  and  a  copy  of  such  invoice 
shall  be  retained  on  file  at  the  port  of  first  arrival. 

The  original  invoice  so  forwarded  shall  be  treated  as 
the  only  invoice  of  the  merchandise  upon  which  entry 
shall  be  made  at  the  port  of  destination,  and  the  person 
making  such  entry  shall  be  held  responsible  for  the  state- 


PART  XV. ENTRY   OF    MERCHANDISE.  243 

ments  contained  therein  in  the  same  manner  as  if  the 
merchandise  had  been  originally  consigned  to  him:  Pro- 
vided, however,  That  the  privileges  herein  conferred  shall 
not  extend  to  any  merchandise  the  duties  upon  which,  or 
any  portion  thereof,  depend  upon  the  value  of  such  mer- 
chandise: And  provided  further,  That  such  privilege 
shall  be  granted  only  in  cases  where  no  part  of  the  mer- 
chandise shall  have  been  landed  prior  to  entry  for  imme- 
diate transportation  as  aforesaid. 

237.  Salvage  of  merchandise. 

All  merchandise  imported  into  the  United  States  shall,  Fei^"23°5i887. 
for  the  purpose  of  this  title  [R.  S.,  2517-3129]  be  deemed 
and  held  to  be  the  property  of  the  person  to  whom  the 
merchandise  may  be  consigned ;  but  the  holder  of  any  bill 
of  lading  consigned  to  order  and  endorsed  by  the  con- 
signor shall  be  deemed  the  consignee  thereof. 
"And  in  case  of  the  abandonment  of  any  merchandise  to 
the  underwriters,  the  latter  may  be  recognized  as  the  con- 
signee, and  under  such  regulations  as  the  Secretary  of  the 
Treasury  may  prescribe,  merchandise  saved  from  a  vessel 
wrecked  or  abandoned  at  sea,  or  on  or  along  the  coasts  of 
the  United  States  and  promptly  brought  into  a  port  of 
the  United  States  by  or  in  possession  of  the  salvors  of  the 
same,  can,  for  the  purpose  of  its  title,  be  regarded  as  the 
property  of  such  salvors,  and  the  valuation  thereof  and 
payment  of  duties  thereon  can  be  made  accordingly  and 
with  due  reference  to  the  condition  of  said  merchandise 
as  thus  saved  and  the  necessities  of  the  case: 
"  Provided,  however,  That  such  bringing  in  by  salvors 
shall  be  in  good  faith  and  without  intent  to  evade  the 
just  payment  of  duty : 

And  provided  further,  That  nothing  herein  contained 
shall  be  so  construed  as  to  prejudice  in  any  other  respect 
the  rights  of  property,  or  of  or  through  abandonment  or 
allowance  of  the  owner  or  any  other  person  interested  in 
said  merchandise. 

238.  Fraudulent  importation  of  merchandise. 

If  any  person  shall  fraudulently  or  knowingly  import  R-  s-> 3082- 
or  bring  into  the  United  States,  or  assist  in  so  doing,  any 
merchandise,  contrary  to  law,  or  shall  receive,  conceal, 
buy,  sell,  or  in  any  manner  facilitate  the  transportation, 
concealment,  or  sale  of  such  merchandise  after  importa- 
tion, knowing  the  same  to  have  been  imported  contrary 
to  law,  such  merchandise  shall  be  forfeited  and  the 
offender  shall  be  fined  in  any  sum  not  exceeding  five 
thousand  dollars  nor  less  than  fifty  dollars,  or  be  im- 
prisoned for  any  time  not  exceeding  two  years,  or  both. 
Whenever,  on  trial  for  a  violation  of  this  section,  the  de- 
fendant is  shown  to  have  or  to  have  had  possession  of 
such  goods,  such  possession  shall  be  deemed  evidence 
sufficient  to  authorize  conviction,  unless  the  defendant 
shall  explain  the  possession  to  the  satisfaction  of  the  jury. 


244  NAVIGATION    LAWS    OF    THE    UNITED    STATES 

239.  Bribery  and  solicitation  of  bribes. 
June  10,  1890.  Any  person  who  shall  give,  or  offer  to  give  or  promise 
Oct*.  5,  1913.  to  give  any  money  or  thing  of  value,  directly  or  indirectly, 
sec.  in,  aa.  to  any  0fficer  or  employee  of  the  United  States  in  consid- 
eration of  or  for  any  act  or  omission  contrary  to  law 
in  connection  with  or  pertaining  to  the  importation,  ap- 
praisement, entry,  examination,  or  inspection  of  goods, 
wares,  or  merchandise,  including  herein  any  baggage,  or 
of  the  liquidation  of  the  entry  thereof,  or  shall  by  threats 
or  demands,  or  promises  of  any  character  attempt  to  im- 
properly influence  or  control  any  such  officer  or  employee 
of  the  United  States  as  to  the  performance  of  his  official 
duties  shall,  on  conviction  thereof,  be  fined  not  exceeding 
two  thousand  dollars,  or  be  imprisoned  at  hard  labor  not 
more  than  one  year,  or  both,  in  the  discretion  of  the  court ; 
and  evidence  of  such  giving,  or  offering,  or  promising  to 
give,  satisfactory  to  the  court  in  which  such  trial  is  had, 
shall  be  regarded  as  prima  facie  evidence  that  such  giving 
or  offering  or  promising  was  contrary  to  law,  and  shall 
put  upon  the  accused  the  burden  of  proving  that  such  act 
was  innocent,  and  not  done  with  an  unlawful  intention. 
June^o,  1890.  Any  officer  or  employee  of  the  United  States  who  shall, 
bet'.  3,"  1913.  excepting  for  lawful  duties  or  fees,  solicit,  demand,  exact 
sec.  in,  bb.  or  receive  from  any  person,  directly  or  indirectly,  any 
money  or  thing  of  value,  in  connection  with  or  pertaining 
to  the  importation,  appraisement,  entry,  examination,  or 
inspection  of  goods,  wares,  or  merchandise,  including 
herein  any  baggage,  or  liquidation  of  the  entry  thereof, 
on  conviction  thereof,  shall  be  fined  not  exceeding  five 
thousand  dollars,  or  be  imprisoned  at  hard  labor  not  more 
than  two  years,  or  both,  in  the  discretion  of  the  court. 
And  evidence  of  such  soliciting,  demanding,  exacting,  or 
receiving,  satisfactory  to  the  court  in  which  such  trial  is 
had,  shall  be  regarded  as  prima  facie  evidence  that  such 
soliciting,  demanding,  exacting,  or  receiving  was  contrary 
to  law,  and  shall  put  upon  the  accused  the  burden  of 
proving  that  such  act  was  innocent  and  not  with  an  un- 
lawful intention. 
240.  Express  packages. 
June  8,  1896.  Articles,  not  merchandise  intended  for  sale,  not  exceed- 
ing five  hundred  dollars  in  value,  imported  in  packages 
not  exceeding  one  hundred  pounds  in  weight,  in  vessels  of 
the  United  States,  may  be  specially  delivered  to  and  ap- 
praised at  the  public  stores,  and  the  entry  thereof  liqui- 
dated by  the  collector  under  such  regulations  as  the  Sec- 
retary of  the  Treasury  may  prescribe,  and  after  such  ap- 
praisement and  liquidation  may  be  delivered,  upon  pay- 
ment of  the  liquidated  duties  under  the  bond  provided 
for  in  this  Act,  to  express  companies  or  other  duly  incor- 
porated inland  carriers  bonded  for  the  transportation  of 
appraised  or  unappraised  merchandise  between  the  sev- 
eral ports  in  the  United  States :  Provided,  That  not  more 


PART   XV. ENTRY   OF    MERCHANDISE.  245 

than  one  such  consignment  to  one  ultimate  consignee  from 
the  same  consignor  shall  be  imported  in  any  one  vessel: 
And  provided,  That  the  original  appraisement  of  and 
liquidation  of  duties  on  such  importations  shall  be  final 
against  the  owner,  importer,  agent,  or  consignee,  except 
in  the  case  of  manifest  clerical  errors,  as  provided  for  in 
section  twenty-four  of  the  Act  of  June  tenth,  eighteen 
hundred  and  ninety:  Provided,  That  nothing  contained 
in  this  Act  shall  apply  to  explosives,  or  any  article  the  im- 
portation of  which  is  prohibited  by  law. 

Such  express  companies  or  other  inland  carriers  shall  See.  2. 
be  responsible  to  the  United  States  under  bond  for  the 
safe  delivery  of  such  articles  to  the  ultimate  consignee : 
Provided,  That  if  any  package  shall  not  be  delivered  to 
the  ultimate  consignee  by  the  express  company  or  other 
inland  carrier,  and  shall  be  returned  to  the  collector  of  the 
port  where  such  articles  are  entered  under  the  provisions 
of  this  Act  within  ninety  days  from  the  date  of  importa- 
tion intact,  the  collector  shall  take  charge  of  such  package 
and  dispose  of  it  as  unclaimed  merchandise,  and  the 
duties,  including  additional  duties,  if  any,  under  section 
seven  of  the  Act  of  June  tenth,  eighteen  hundred  and 
ninety,  paid  shall  be  refunded  by  the  Secretary  of  the 
Treasury  out  of  any  moneys  in  the  Treasury  not  other- 
wise appropriated ;  and  the  express  company  or  other  in- 
land carriers  shall  be  relieved  of  any  liability  therefor 
under  its  bond ;  and  before  any  express  company  or  other 
inland  carrier  shall  be  permitted  to  receive  and  transport 
any  such  articles  they  shall  become  bound  to  the  United 
States  in  such  bonds,  in  such  form  and  amount,  and  with 
such  conditions  not  inconsistent  with  law  as  the  Secretary 
of  the  Treasury  may  require. 

Articles  transported  under  the  provisions  of  this  Act  Sec.  3, 
shall  be  corded  and  sealed  in  such  manner  as  shall  from 
time  to  time  be  prescribed  by  the  Secretary  of  the  Treas- 
ury; and  the  collector  of  the  port  of  first  arrival  shall  re- 
tain in  his  office  a  permanent  record  of  such  merchandise 
so  forwarded. 

Such  packages  may  be  consigned  to  and  entered  by  the  Sec.  4. 
agents  of  the  express  company  or  other  inland  carrier  or 
steamship  company,  who  shall  at  the  time  of  entry  state 
the  ultimate  consignee,  and  in  all  cases  where  a  certified 
or  other  invoice  is  now  required  by  law  such  invoice  may 
be  attached  to  or  inclosed  in  the  package,  under  such  regu- 
lations as  the  Secretary  of  the  Treasury  may  prescribe; 
and  the  delivery  of  such  articles  to  the  express  company 
or  other  inland  carrier  shall  not  be  delayed  because  of  the 
nonarrival  of  the  triplicate  invoice,  but  the  ultimate  con- 
signee shall  be  liable  for  any  increased  duty  found  due  on 
reliquidation,  if  any,  after  receipt  of  said  merchandise 
from  the  express  company  or  other  inland  carrier  or 
steamship  company  making  entry  under  this  Act ;  and  the 
provisions  of  section  twenty-eight  hundred   and   fifty- 


246  NAVIGATION    LAWS   OF    THE   UNITED   STATES. 

seven,  Revised  Statutes,  shall  not  apply  to  importations 

under  this  Act. 

241.  Liens  for  freight  or  general  average. 

May 'Ii98i896.  Whenever  the  collector  of  the  port  of  entry  of  the  ves- 
sel, or  other  proper  officer  of  the  customs,  shall  be  duly 
notified  in  writing  of  the  existence  of  a  lien  for  freight, 
charges,  or  contribution  in  general  average  upon  im- 
ported goods,  wares,  or  merchandise  in  his  custody,  he 
shall,  before  delivering  such  goods,  wares,  or  merchan- 
dise to  the  importer,  owner,  or  consignee  thereof  for  con- 
sumption, or  to  any  vessel  or  vehicle  for  transportation  or 
exportation,  give  seasonable  notice  to  the  party  or  parties 
claiming  the  lien;  and  the  possession  by  the  officers  of 
customs  shall  not  affect  the  discharge  of  such  lien,  under 
such  regulations  as  the  Secretary  of  the  Treasury  may 
prescribe;  and  such  officer  shall  refuse  the  delivery  of 
such  merchandise  from  any  public  or  bonded  warehouse 
or  other  place  in  which  the  same  shall  be  deposited  until 
proof  to  his  satisfaction  shall  be  produced  that  the  freight, 
charges,  or  contribution  in  general  average  thereon  has 
been  paid  or  secured ;  but  the  rights  of  the  United  States 
shall  not  be  prejudiced  thereby,  nor  shall  the  United 
States  or  its  officers  be  in  any  manner  liable  for  losses 
consequent  upon  such  refusal  to  deliver.  If  merchandise 
so  subject  to  a  lien,  regarding  which  notice  has  been  filed, 
shall  be  forfeited  to  the  United  States  and  sold,  the 
freight,  charges,  or  contribution  in  general  average  due 
thereon  shall  be  paid  from  the  proceeds  of  such  sale  in 
the  same  manner  as  other  charges  and  expenses  author- 
ized by  law  to  be  paid  therefrom  are  paid. 


Part  XVI. 


-TARIFF  PROVISIONS  DIRECTLY  RELATING 
TO  VESSELS. 


242.  Coal. 

243.  Shipbuilding  materials. 

244.  Materials  for  repairs. 

245.  Sunken  merchandise. 


246.  Supplies. 

247.  Sea  stores  and  equipments. 

248.  Motor   boats,    racing   shells,    and 

similar  craft. 


1013. 
51. 


Aug.    5,    1000. 
Scjc.  19. 
Aug.  24,  1912. 
Sec.  5. 

Oct.  3,  1913. 
Sec.    IV,    J, 
subsection  5. 


242.  Coal. 
Coal,  anthracite,  bituminous,  culm,  slack,  and  shale;  Oct.  3, 

coke;  compositions  used  for  fuel  in  which  coal  or  coal 
dust  is  the  component  material  of  chief  value,  whether  in 
briquets  or  other  form.     (Free  list.) 

243.  Shipbuilding  materials. 

All  materials  of  foreign  production  which  may  be  nee-  JJ-.  ff  ^  g94 
essary   for  the   construction   of  naval   vessels  or   other  Sec.Y  ' 
vessels  of  the  United  States,  vessels  built  in  the  United  sSf  12  ' 
States  for  foreign  account  and  ownership,  or  for  the  pur- 
pose of  being  employed  in  the  foreign  or  domestic  trade, 
and  all  such  materials  necessary  for  the  building  of  their 
machinery,  and  all  articles  necessary  for  their  outfit  and 
equipment,  may  be  imported  in  bond  under  such  regula- 
tions as  the  Secretary  of  the  Treasury  may  prescribe ;  and 
upon  proof  that  such  materials  have  been  used  for  such 
purposes  no  duties  shall  be  paid  thereon. 

244.  Materials  for  repairs. 

All  articles  of  foreign  production  needed  for  the  repair  AU|"27,1i894, 
of  naval  vessels  of,  or  other  vessels  owned  or  used  by,  Sec.8.  ' 
the  United  States  and  vessels  now  or  hereafter  registered  secf  1!  ' 
under  the  laws  of  the  United  States  may  be  withdrawn  Aug.^,  1909. 
from  bonded  warehouses  free  of  duty,  under  such  regula-  Oct.  3/191.3 
tions  as  the  Secretary  of  the  Treasury  may  prescribe.  _  Subsection  o 

Machinery  for  repair  may  be  imported  into  the  United  R.  s.,25ii 
States  without  payment  of  duty,  under  bond,  to  be  given  se"s'i3.'' 
in  double  the  appraised  value  thereof,  to  be  withdrawn  giy^i, 
and  exported  after  said  machinery  shall  have  been  re-  Aug.  5', 
paired ;  and  the  Secretary  of  the  Treasury  is  authorized  Sec>  8- 
and  directed  to  prescribe  such  rules  and  regulations  as 
may  be  necessary  to  protect  the  revenue  against  fraud 
and  secure  the  identity  and  character  of  all  such  impor- 
tations when  again  withdrawn  and  exported,  restricting 
and  limiting  the  export  and  withdrawal  to  the  same  port 
of  entry  where  imported,  and  also  limiting  all  bonds  to  a 
period  of  time  of  not  more  than  six  months  from  the  date 
of  the  importation. 


1894. 
1897. 
1909. 


248  NAVIGATION    LAWS   OF    THE   UNITED   STATES. 

245.  Sunken  merchandise. 

r.  s.,  2507.  Whenever  any  vessel  laden  with  merchandise  in  whole 

or  in  part  subject  to  duty  has  been  sunk  in  any  river, 
harbor,  bay,  or  waters  subject  to  the  jurisdiction  of  the 
United  States,  and  within  its  limits,  for  the  period  of  two 
years,  and  is  abandoned  by  the  owner  thereof,  any  person 
Aug.  27, 1894.  who  may  raise  such  vessel  shall  be  permitted  to  bring  any 
fuiy224,  1S97.  merchandise  recovered  therefrom  into  the  port  nearest  to 
ieiC- 2| '  1909   tne  Place  where  such  vessel  was  so  raised  free  from  the 
Sec.S22.'    "  '    payment  of  any  duty  thereupon,  but  under  such  regula- 
tions as  the  Secretary  of  the  Treasury  may  prescribe. 

246.  Supplies. 

Oct.  3vi9i3.  That  all  articles  of  foreign  or  domestic  production 
juneI26,Li884.  needed  and  actually  withdrawn  from  bonded  warehouses 
Jui^li  1897.  an(*  bonded  manufacturing  warehouses  for  supplies  (not 
sec.  14.'  "  including  equipment)  of  vessels  of  the  United  States  en- 
gaged in  foreign  trade,  or  in  trade  between  the  Atlantic 
and  Pacific  ports  of  the  United  States,  may  be  so  with- 
drawn from  said  bonded  warehouses,  free  of  duty  or  of 
internal-revenue  tax,  as  the  case  may  be,  under  such  regu- 
lations as  the  Secretary  of  the  Treasury  may  prescribe; 
but  no  such  articles  shall  be  landed  at  any  port  of  the 
United  States. 
Aug.  5,  1909.  Upon  the  exportation  of  articles  manufactured  or  pro- 
oet'.  23,[  1913.  duced  in  the  United  States  by  the  use  of  imported  mer- 
chandise or  materials  upon  which  customs  duties  have 
been  paid,  the  full  amount  of  such  duties  paid  upon  the 
quantity  of  materials  used  in  the  manufacture  or  produc- 
tion of  the  exported  product  shall  be  refunded  as  draw- 
back, less  1  per  centum  of  such  duties:  Provided,  That 
where  a  principal  product  and  a  by-product  result  from 
the  manipulation  of  imported  material  and  only  the 
by-product  is  exported,  the  proportion  of  the  drawback 
distributed  to  such  by-product  shall  not  exceed  the  duty 
assessable  under  this  Act  on  a  similar  by-product  of  for- 
eign origin  if  imported  into  the  United  States.  Where 
no  duty  is  assessable  upon  the  importation  of  a  corre- 
sponding by-product,  no  drawback  shall  be  payable  on 
such  by-product  produced  from  the  imported  material; 
if,  however,  the  principal  product  is  exported,  then  on 
the  exportation  thereof  there  shall  be  refunded  as  draw- 
back the  whole  of  the  duty  paid  on  the  imported  material 
used  in  the  production  of  both  the  principal  and  the  by- 
product, less  1  per  cent,  as  hereinbefore  provided:  Pro- 
vided further,  That  when  the  articles  exported  are  manu- 
factured in  part  from  domestic  materials,  the  imported 
materials  or  the  parts  of  the  articles  manufactured  from 
such  materials,  shall  so  appear  in  the  completed  articles 
that  the  quantity  or  measure  thereof  may  be  ascertained : 
And  provided  further,  That  the  drawback  on  any  article 
allowed  under  existing  law  shall  be  continued  at  the  rate 
herein  provided.     That  the  imported  materials  used  m 


Sec.   IV,  O. 


PART  XVI. TARIFF  PROVISIONS  DIRECTLY  RELATING  TO  VESSELS.    249 

the  manufacture  or  production  of  articles  entitled  to 
drawback  of  customs  duties  when  exported  shall,  in  all 
cases  where  drawback  of  duties  paid  on  such  materials  is 
claimed,  be  identified,  the  quantity  of  such  materials  used 
and  the  amount  of  duties  paid  thereon  shall  be  ascer- 
tained, the  facts  of  the  manufacture  or  production  of  such 
articles  in  the  United  States  and  their  exportation  there- 
from shall  be  determined,  and  the  drawback  due  thereon 
shall  be  paid  to  the  manufacturer,  producer,  or  exporter, 
to  the  agent  of  either  or  to  the  person  to  whom  such  man- 
ufacturer, producer,  exporter,  or  agent  shall  in  writing 
order  such  drawback  paid,  under  such  regulations  as  the 
Secretary  of  the  Treasury  shall  prescribe.     *     *     * 

The  provisions  of  this  section  shall  apply  to  materials 
used  in  the  construction  and  equipment  of  vessels  built 
for  foreign  account  and  ownership,  or  for  the  government 
of  any  foreign  country,  notwithstanding  that  such  vessels 
may  not  within  the  strict  meaning  of  the  term  be  articles 
exported. 

247.  Sea  stores  and  equipments. 

[See  p.  214.] 

248.  Motor  boats,  racing-  shells,  and  similar  craft. 
Machinery  or  other  articles  to  be  altered  or  repaired, 

molders'  patterns  for  use  in  the  manufacture  of  castings 
intended  to  be  and  actually  exported  within  six  months 
from  the  date  of  importation  thereof,  models  of  women's 
wearing  apparel  imported  by  manufacturers  for  use  as 
models  in  their  own  establishments,  and  not  for  sale, 
samples  solely  for  use  in  taking  orders  for  merchandise, 
articles  intended  solely  for  experimental  purposes,  and 
automobiles,  motor  cycles,  bicycles,  aeroplanes,  airships, 
balloons,  motor  boats,  racing  shells,  teams,  and  saddle 
horses,  and  similar  vehicles  and  craft  brought  temporarily 
into  the  United  States  by  nonresidents  for  touring  pur- 
poses or  for  the  purpose  of  taking  part  in  races  or  other 
specific  contests,  may  be  admitted  without  the  payment 
of  duty  under  bond  for  their  exportation  within  six 
months  from  the  date  of  importation  and  under  such 
regulations  and  subject  to  such  conditions  as  the  Secre- 
tary of  the  Treasury  may  prescribe:  Provided,  That  no 
article  shall  be  entitled  to  entry  under  this  section  that  is 
intended  for  sale  or  which  is  imported  for  sale  on  approval. 


Oct.    3,    1913. 

Sec.     IV,     J, 

subsection  4 


Part  XVIL— COXSULS'  SERVICES  TO  VESSELS. 


249.  Consuls'  services  to  vessels.  |   250.  Naval  officer  acting  as  consul. 

249.  Consuls'  services  to  vessels. 

r.  s.,  1707.  Consuls  and  vice-consuls  shall  have  the  right,  in  the 

ports  or  places  to  which  they  are  severally  appointed,  of 
receiving  the  protests  or  declarations  which  captains, 
masters,  crews,  passengers,  or  merchants,  who  are  citizens 
of  the  United  States,  may  respectively  choose  to  make 
there ;  and  also  such  as  any  foreigner  may  choose  to  make 
before  them  relative  to  the  personal  interest  of  any  citi- 
zen of  the  United  States.  Copies  of  such  acts  duly  au- 
thenticated by  consuls  or  vice-consuls,  under  the  seal  of 
their  consulates,  respectively,  shall  be  received  in  evi- 
dence equally  with  their  originals  in  all  courts  in  the 
United  States. 

r.  s.,  1708.  Every  consular  officer  shall  keep  a  detailed  list  of  all 

seamen  and  mariners  shipped  and  discharged  by  him, 
specifying  their  names  and  the  names  of  the  vessels  on 
which  they  are  shipped  and  from  which  they  are  dis- 
charged, and  the  payments,  if  any,  made  on  account  of 
each  so  discharged ;  also  of  the  number  of  the  vessels  ar- 
rived and  departed,  the  amounts  of  their  registered  ton- 
nage, and  the  number  of  their  seamen  and  mariners,  and 
,  of  those  who  are  protected,  and  whether  citizens  of  the 

United  States  or  not,  and  as  nearly  as  possible  the  nature 
and  value  of  their  cargoes,  and  where  produced,  and  shall 
'make  returns  of  the  same,  with  their  accounts  and  other 
returns,  to  the  Secretary  of  Commerce. 
l.is.  Whenever  any  master  or  commander  of  a  vessel  of  the 

United  States  has  occasion  for  any  consular  or  other  offi- 
cial service,  which  any  consular  officer  of  the  United 
States  is  authorized  by  law  or  usage  officially  to  perform, 
and  for  which  any  fees  are  allowed  by  the  rates  or  tariffs 
of  fees,  he  shall  apply  to  the  consular  officer  at  the  con- 
sulate or  commercial  agency  where  such  service  is  re- 
quired to  perform  such  service,  and  shall  pay  to  such  offi- 
cer the  fees  allowed  for  such  service  by  the  rates  or  tariffs 
of  fees.  And  every  such  master  or  commander  who  omits 
so  to  do  shall  be  liable  to  the  United  States  for  the 
amount  of  the  fees  lawfully  chargeable  ,for  such  services 
when  actually  performed.  All  consular  officers  are  au- 
thorized and  required  to  retain  in  their  possession  all  the 
250 


Fel).    14 
Ser-a.  4, 


PART  XVII. CONSULS '   SERVICES  TO  VESSELS.  251 

papers  of  such  vessels,  which  shall  be  deposited  with  them 
as  directed  by  the  law,  till  payment  shall  be  made  of  all 
demands  and  wages  on  account  of  such  vessels. 

No  fees  named  in  the  tariff  of  consular  fees  prescribed  June  26,  i8S4. 
by  order  of  the  President  shall  be  charged  or  collected  by 
consular  officers  for  the  official  services  to  American  ves- 
sels and  seamen.  Consular  officers  shall  furnish  the 
master  of  every  such  vessel  with  an  itemized  statement  of 
such  services  performed  on  account  of  said  vessel,  with 
the  fees  so  prescribed  for  each  service  and  make  a  detailed 
report  to  the  Secretary  of  the  Treasury  of  such  services 
and  fees,  under  such  regulations  as  the  Secretary  of  State 
may  prescribe;  and  the  Secretary  of  the  Treasury  shall 
allow  consular  officers  who  are  paid  in  whole  or  in  part  by 
fees  such  compensation  for  said  services  as  they  would 
have  received  prior  to  the  passage  of  this  act :  Provided, 
That  such  services  in  the  opinion  of  the  Secretary  of  the 
Treasury  have  been  necessarily  rendered. 

No  consular  officer,  nor  any  person  under  any  consular  R.  s.,  1719. 
officer  shall  make  any  charge  or  receive,  directly  or  indi- 
rectly, any  compensation,  by  way  of  commission  or  other- 
wise, for  receiving  or  disbursing  the  wages  or  extra  wages 
to  which  any  seaman  or  mariner  is  entitled  who  is  dis- 
charged in  any  foreign  country,  or  for  any  money  ad- 
vanced to  any  such  seaman  or  mariner  who  seeks  relief 
from  any  consulate  or  commercial  agency;  nor  shall  any 
consular  officer,  or  any  person  under  any  consular  officer, 
be  interested,  directly  or  indirectly,  in  any  profit  derived 
from  clothing,  boarding,  or  otherwise  supplying  or  send- 
ing home  any  such  seaman  or  mariner.  Such  prohibition 
as  to  profit,  however,  shall  not  be  construed  to  relieve  or 
prevent  any  such  officer  who  is  the  owner  of  or  otherwise 
interested  in  any  vessel  of  the  United  States,  from  trans- 
porting in  such  vessel  any  such  seaman  or  mariner,  or 
from  receiving  or  being  interested  in  such  reasonable 
allowance  as  may  be  made  for  such  transportation  by 
law. 

American    vessels    running    regularly    by    weekly    or  R-  s.,  1720. 
monthly  trips,  or  otherwise,  to  or  between  foreign  ports, 
shall  not  be  required  to  pay  fees  to  consuls  for  more  than 
four  trips  in  a  year. 

The  fee  for  certifying  invoices  to  be  charged  by  the  R. s-.  1721. 
consul-general  for  the  British  North  American  Provinces, 
and  his  subordinate  consular  officers  and  agents,  for  goods 
not  exceeding  one  hundred  dollars  in  value,  shall  be  one 
dollar. 
250.  Naval  officer  acting  as  consul. 

The  commanding  officer  of  any  fleet,  squadron,  or  ves-  r.  s.,  1433. 
sel  acting  singly,  when  upon  the  high  seas  or  in  any  for- 
eign port  where  there  is  no  resident  consul  of  the  United 
States,  shall  be  authorized  to  exercise  all  the  powers  of  a 
consul  in  relation  to  mariners  of  the  United  States. 


Part     XVIII.— COMMERCE     WITH     CONTIGUOUS 
COUNTRIES. 


260.  Entry   from   one   district   to   an- 

other. 

261.  Discharging    cargo    and    passen- 

gers. 

262.  Steam  tugs. 

263.  Forms  and  penalties. 

264.  Touching  at  foreign  ports. 

265.  Foreign  merchandise  coastwise. 

266.  Special     provisions     for     British 

North  America. 


251.  Size  of  foreign-trade  vessels. 

252.  Evasion  of  coasting  laws  on  the 

lakes  and  frontiers. 

253.  Inward  manifests. 

254.  Customs  inspection. 

255.  Customs  seals  on  frontier. 

256.  Transfer  of  cargo. 

257.  Sea  stores. 

258.  Saloon  stores. 

259.  Duties  on  repairs. 

251.  Size  of  foreign-trade  vessels. 

Abr."lr0,9i904.  Except  in  the  districts  on  the  northern,  northwestern, 
'and  western  boundaries  of  the  United  States,  adjoining 
to  the  Dominion  of  Canada,  or  into  the  districts  adjacent 
to  Mexico,  no  merchandise  of  foreign  growth  or  manu- 
facture, subject  to  the  payment  of  duties,  shall  be  brought 
into  the  United  States  from  any  foreign  port  in  any  other 
manner  than  by  sea,  nor  in  any  vessel  of  less  than  thirty 
net  register  tons ;  or  landed  or  unladen  at  any  other  port 
than  is  directed  by  law,  under  the  penalty  of  seizure  and 
forfeiture  of  all  such  vessels,  and  of  the  merchandise  im- 
ported therein,  laden  or  unladen  in  any  other  manner. 

n.  s.,  3096.  All  persons  may  import  any  merchandise  of  which  the 

importation  shall  not  be  entirely  prohibited,  into  the  dis- 
tricts which,  are  or  may  be  established  on  the  northern 
and  northwestern  boundaries  of  the  United  States,  in  ves- 
sels or  boats  of  any  burden,  and  in  rafts  or  carriages  of 
any  kind  or  nature  whatsoever. 

252.  Evasion  of  coasting  laws  on  the  lakes  and  frontiers. 

r.  s.,  3110.  if  any  merchandise  shall,  at  any  port  in  the  United 

States  on  the  northern,  northeastern,  or  northwestern 
frontiers  thereof,  be  laden  upon  any  vessel  belonging 
wholly  or  in  part  to  a  subject  of  a  foreign  country,  and 
shall  be  taken  thence  to  a  foreign  port  to  be  reladen  and 
reshipped  to  any  other  port  in  the  United  States  on  such 
frontiers,  either  by  the  same  or  any  other  vessel,  foreign 
or  American,  with  intent  to  evade  the  provisions  relating 
to  the  transportation  of  merchandise  from  one  port  of  the 
United  States  to  another  port  of  the  United  States,  in  a 
vessel  belonging  wholly  or  in  part  to  a  subject  of  any 
foreign  power,  the  merchandise  shall,  on  its  arrival  at 
such  last-named  port,  be  seized  and  forfeited  to  the 
252 


PART  XVIII. COMMERCE   WITH  CONTIGUOUS  COUNTRIES.       253 

United  States,  and  the  vessel  shall  pay  a  tonnage-duty 
of  fifty  cents  per  ton  on  her  admeasurement. 
253.  Inward  manifests. 

All  vessels,  boats,  rafts,  and  carriages,  of  what  kind  R-  s.,  3097. 
soever,  arriving  in  such  districts,  on  the  northern  and 
northwestern  frontiers,  containing  merchandise  subject  to 
duties,  on  being  imported  into  any  port  of  the  United 
States,  shall  be  reported  to  the  collector,  or  other  chief  offi- 
cer of  the  customs  at  the  port  of  entry  in  the  district  into 
which  it  shall  be  so  imported ;  and  such  merchandise  shall 
be  accompanied  with  like  manifests,  and  like  entries  shall 
be  made,  by  the  persons  having  charge  of  any  such  ves- 
sels, boats,  rafts,  and  carriages,  and  by  the  owners  or  con- 
signees of  the  merchandise  laden  on  board  the  same;  and 
the  powers  and  duties  of  the  officers  of  the  customs  shall 
be  exercised  and  discharged  in  the  districts  last  men- 
tioned, in  like  manner  as  is  prescribed  in  respect  to  mer- 
chandise imported  in  vessels  from  the  sea ;  and  generally, 
all  such  importations  shall  be  subject  to  like  regulations, 
penalties,  and  forfeitures  as  in  other  districts,  except  as  is 
hereinafter  specially  provided. 

The  master  of  any  vessel,  except  registered  vessels,  and  R.  s.,  3098. 
every  person  having  charge  of  any  boat,  canoe,  or  raft, 
and  the  conductor  or  driver  of  any  carriage  or  sleigh,  and 
every  other  person,  coming  from  any  foreign  territory 
adjacent  to  the  United  States  into  the  United  States,  with 
merchandise  subject  to  duty,  shall  deliver,  immediately  on 
his  arrival  within  the  United  States,  a  manifest  of  the 
cargo  cr  loading  of  such  vessel,  boat,  canoe,  raft,  carriage, 
or  sleigh,  or  of  the  merchandise  so  brought  from  such 
foreign  territory,  at  the  office  of  any  collector  or  deputy 
collector  which  shall  be  nearest  to  the  boundary-line,  or 
nearest  to  the  road  or  waters  by  which  such  merchandise 
is  brought;  and  every  such  manifest  shall  be  verified  by 
the  oath  of  such  person  delivering  the  same;  which  oath 
shall  be  taken  before  such  collector  or  deputy  collector; 
and  such  oath  shall  state  that  such  manifest  contains  a 
full,  just,  and  true  account  of  the  kinds,  quantities,  and 
values  of  all  the  merchandise  so  brought  from  such  for- 
eign territory. 

If  the  master,  or  other  person  having  charge  of  any  ves-  R-S.,  3099. 
sel,  boat,  canoe,  or  raft,  or  the  conductor  or  driver  of  any 
carriage  or  sleigh,  or  other  person  bringing  such  merchan- 
dise, shall  neglect  or  refuse  to  deliver  the  manifest  re- 
quired by  the  preceding  section,  or  pass  by  or  avoid  such 
office,  the  merchandise  subject  to  duty,  and  so  imported, 
shall  be  forfeited  to  the  United  States,  together  with  the 
vessel,  boat,  canoe,  or  raft,  the  tackle,  apparel,  and  furni- 
ture of  the  same,  or  the  carriage  or  sleigh,  and  harness 
and  cattle  drawing  the  same,  or  the  horses  with  their 
saddles  and  bridles,  as  the  case  may  be ;  and  such  master, 


254  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

conductor,  or  other  importer  shall  be  subject  to  a  penalty 
of  four  times  the  value  of  the  merchandise  so  imported. 

254.  Customs  inspection. 

k.  s„  3100.  ^aji  merchandise,  and  all  baggage  and  effects  of  pas- 

sengers, and  all  other  articles  imported  into  the  United 
States  from  any  contiguous  foreign  country,  except  as 
hereafter  provided,  as  well  as  the  vessels,  cars,  and  other 
vehicles  and  envelopes  in  which  the  same  shall  be  im- 
ported, shall  be  unladen  in  the  presence  of,  and  be  in-' 
spected  by,  an  inspector  or  other  officer  of  the  customs, 
at  the  first  port  of  entry  or  custom-house  in  the  United 
States  where  the  same  shall  arrive ;  and  to  enable  the 
proper  officer  thoroughly  to  discharge  this  duty,  he  may 
require  the  owner  or  his  agent,  or  other  person,  having 
charge  or  possession  of  any  trunk,  traveling-bag,  or  sack, 
Aalise,  or  other  envelope,  or  of  any  closed  vessel,  car,  or 
other  vehicle,  to  open  the  same,  or  to  deliver  to  him  the 
proper  key. 

r.  s.,  3101.  if  any  owner,  agent,  or  other  person  shall  refuse  or 

neglect  to  comply  with  his  demands,  allowed  by  the  pre- 
ceding section,  the  officer  shall  retain  such  trunk,  travel- 
ing bag,  or  sack,  valise,  or  whatsoever  it  may  be,  and 
open  the  same,  and,  as  soon  thereafter  as  may  be  prac- 
ticable, examine  the  contents;  and  if  any  article  subject 
to  the  payment  of  duty  shall  be  found  therein,  the  whole 
contents,  together  with  the  envelope,  shall  be  forfeited  to 
the  United  States,  and  disposed  of  as  the  law  provides  in 
other  similar  cases.  If  any  such  dutiable  merchandise  or 
article  shall  be  found  in  any  such  vessel,  car,  or  other 
vehicle,  the  owner,  agent,  or  other  person  in  charge  of 
which  shall  have  refused  to  open  the  same  or  deliver  the 
key  as  herein  provided,  the  same,  together  with  the  vessel, 
car,  or  other  vehicle,  shall  be  forfeited  to  the  United 
States,  and  shall  be  held  by  such  officer,  to  be  disposed  of 
as  the  law  provides  in  other  similar  cases  of  forfeiture. 

255.  Customs  seals  on  frontier. 

r.  s.,  3102.  rpQ  av0^  £iie  inspection  at  the  first  port  of  arrival,  the 

owner,  agent,  master,  or  conductor  of  any  such  vessel,  car, 
or  other  vehicle,  or  owner,  agent,  or  other  person  having 
charge  of  any  such  merchandise,  baggage,  effects,  or  other 
articles,  may  apply  to  any  officer  of  the  United  States 
duly  authorized  to  act  in  the  premises,  to  seal  or  close  the 
same,  under  and  according  to  the  regulations  hereinafter 
authorized,  previous  to  their  importation  into  the  United 
States;  which  officer  shall  seal  or  close  the  same  accord- 
ingly ;  whereupon  the  same  may  proceed  to  their  port  of 
destination  without  further  inspection.  Every  such  ves- 
sel, car,  or  other  vehicle,  shall  proceed,  without  unneces- 
sary delay,  to  the  port  of  its  destination,  as  named  in  the 
manifest  of  its  cargo,  freight,  or  contents,  and  be  there 
inspected.     Nothing  contained  in  this  section  shall  be 


PART  XVIII. COMMERCE   WITH   CONTIGUOUS   COUNTRIES.       255 

construed  to  exempt  such  vessel,  car,  or  vehicle,  or  its 
contents,  from  such  examination  as  may  be  necessary  and 
proper  to  prevent  frauds  upon  the  revenue  and  violations 
of  this  Title  [R.  S.,  2517-3129]. 

The  Secretary  of  the  Treasury  is  hereby  authorized  and  R.  s.,  8103. 
required  to  make  such  regulations,  and  from  time  to  time 
so  to  change  the  same  as  to  him  shall  seem  necessary  and 
proper,  for  sealing  such  vessels,  cars,  and  other  vehicles, 
•when  practicable,  and  for  sealing,  marking,  and  identi- 
fying such  merchandise,  baggage,  effects,  trunks,  travel- 
ing-bags, or  sacks,  valises,  and  other  envelopes  and  arti- 
cles ;  and  also  in  regard  to  invoices,  manifests,  and  other 
pertinent  papers,  and  their  authentication. 

If  the  owner,  master,  or  person  in  charge  of  any  vessel,  R.  s.,  ;uo4. 
car,  or  other  vehicle  so  sealed,  shall  not  proceed  to  the 
port  or  place  of  destination  thereof  named  in  the  manifest 
of  its  cargo,  freight,  or  contents,  and  deliver  such  vessel, 
car,  or  vehicle  to  the  proper  officer  of  the  customs,  or  shall 
dispose  of  the  same  by  sale  or  otherwise,  or  shall  unload 
the  same,  or  any  part  thereof,  at  any  other  than  such 
port,  or  place,  or  shall  sell  or  dispose  of  the  contents  of 
such  vessel,  car,  or  other  vehicle,  or  any  part  thereof,  be- 
fore such  delivery,  he  shall  be  deemed  guilty  of  felony, 
and  on  conviction  thereof,  before  any  court  of  competent 
jurisdiction,  pay  a  fine  not  exceeding  one  thousand  dol- 
lars, or  shall  be  imprisoned  for  a  term  not  exceeding  five 
years,  or  both,  at  the  discretion  of  the  court;  and  such 
vessel,  car,  or  other  vehicle,  with  its  contents,  shall  be  for- 
feited to  the  United  States,  and  may  be  seized  wherever 
found  within  the  United  States,  and  disposed  of  and  sold 
as  in  other  cases  of  forfeiture.  Nothing  in  this  section, 
however,  shall  be  construed  to  prevent  sales  of  cargo,  in 
whole  or  in  part,  prior  to  arrival,  to  be  delivered  as  per 
manifest,  and  after  due  inspection. 

If  any  unauthorized  person  or  persons  shall  willfully  R-  s-» 3105- 
break,  cut,  pick,  open,  or  remove  any  wire,  seal,  lead,  lock, 
or  other  fastening  or  mark  attached  to  any  vessel,  car,  or 
other  vehicle,  crate,  box,  bag,  bale,  basket,  barrel,  bundle, 
cask,  trunk,  package,  or  parcel,  or  anything  whatsoever, 
under  and  by  virtue  of  this  Title  [R.  S.,  2517-3129]  and 
regulations  authorized  by  it,  or  any  other  law,  or  shall 
affix  or  attach,  or  any  way  willfully  aid,  assist,  or  encour- 
age the  affixing  or  attaching,  by  wire  or  otherwise,  to  any 
vessel,  car,  or  other  vehicle,  or  to  any  crate,  box,  bales, 
barrel,  bag,  basket,  bundle,  cask,  package,  parcel,  article, 
or  thing  of  any  kind,  any  seal,  lead,  metal,  or  anything 
purporting  to  be  a  seal  authorized  by  law,  such  person  or 
persons  shall  be  deemed  guilty  of  felony,  and  shall  be 
imprisoned  for  a  term  not  exceeding  five  years,  or  shall 
pay  a  fine  of  not  exceeding  one  thousand  dollars,  or  both, 
at  the  discretion  of  the  court. 


256  NAVIGATION    LAWS   OF    THE    UNITED   STATES. 

r.  s.,  3106.  Each  vessel,  car,  or  other  vehicle,  crate,  box,  bag,  basket, 

barrel,  bundle,  cask,  trunk,  package,  parcel,  or  other  thing, 
with  the  cargo,  or  contents  thereof,  from  which  the  wire, 
seal,  lead,  lock,  or  other  fastening  or  mark  shall  have  been 
broken,  cut,  picked,  opened,  or  removed  by  any  such  unau- 
thorized person  or  persons,  or  to  which  such  seal,  or  other 
thing  purporting  to  be  a  seal,  has  been  wrongfully  at- 
tached, shall  be  forfeited. 

256.  Transfer  of  cargo. 

b.  s.,  3109.  The  master  of  any  foreign  vessel,  laden  or  in  ballast, 

ariving,  whether  by  sea  or  otherwise,  in  the  waters  of 
the  United  States  from  any  foreign  territory  adjacent  to 
the  northern,  northeastern,  or  northwestern  frontiers  of 
the  United  States,  shall  report  at  the  office  of  any  col- 
lector or  deputy  collector  of  the  customs,  which  shall  be 
nearest  to  the  point  at  which  such  vessel  may  enter  such 
waters;  and  such  vessel  shall  not  transfer  her  cargo  or 
passengers  to  another  vessel  or  proceed  farther  inland, 
either  to  unlade  or  take  in  cargo,  without  a  special  permit 
from  such  collector  or  deputy  collector,  issued  under  and 
in  accordance  with  such  general  or  special  regulations  as 
slc'io4'  19°3'  *!ie  Secretary  °f  tne  Treasury  may,  in  his  discretion,  from 
Feb.  it,  1898.  time  to  time  prescribe.    This  section  shall  also  apply  to 
sec  4.  trade  with  or  through  Alaska.    For  any  violation  of  this 

section  such  vessel  shall  be  seized  and  forfeited.  [Re- 
pealed by  Art.  1,  treaty  of  Jan.  11,  1909,  with  Great 
Britain.] 

257.  Sea  stores. 

r.  s.,3iii.  jf  any  vessei  enrolled  or  licensed  to  engage  in  the  for- 

eign and  coasting  trade  on  the  northern,  northeastern, 
and  northwestern  frontiers  of  the  United  States  shall 
touch  at  any  port  in  the  adjacent  British  provinces,  and 
the  master  of  such  vessel  shall  purchase  any  merchandise 
for  the  use  of  the  vessel,  the  master  of  the  vessel  shall 
report  the  same,  with  cost  and  quantity  thereof,  to  the 
collector  or  other  officer  of  the  customs  at  the  first  port 
in  the  United  States  at  which  he  shall  next  arrive,  desig- 
nating them  as  "  sea-stores;  "  and  in  the  oath  to  be  taken 
by  such  master  of  such  vessel,  on  making  such  report,  he 
shall  declare  that  the  articles  so  specified  or  designated 
"  sea-stores  "  are  truly  intended  for  the  use  exclusively  of 
the  vessel,  and  are  not  intended  for  sale,  transfer,  or  pri- 
vate use.  If  any  other  or  greater  quantity  of  dutiable 
articles  shall  be  found  on  board  such  vessel  than  are  spec- 
ified in  such  report  or  entry  of  such  articles,  or  any  part 
thereof  shall  be  landed  without  a  permit  from  a  collector 
or  other  officer  of  the  customs,  such  articles  together  with 
the  vessel,  her  apparel,  tackle,  and  furniture,  shall  be 
forfeited. 

r.  s.,  3ii2.  if?  Up0n  examination  and  inspection  by  the  collector  or 

other  officer  of  the  customs,  such  articles  are  not  deemed 
excessive  in  quantity  for  the  use  of  the  vessel,  until  an 


PART  XVIII. COMMERCE    WITH   CONTIGUOUS   COUNTRIES.        257 

American  port  may  be  reached  by  such  vessel,  where  such 
sea-stores  can  be  obtained,  such  articles  shall  be  declared 
free  of  duty ;  but  if  it  shall  be  found  that  the  quantity  or 
quantities  of  such  articles,  or  any  part  thereof  so  reported 
are  excessive,  it  shall  be  lawful  for  the  collector  or  other 
officer  of  the  customs  to  estimate  the  amount  of  duty  on 
such  excess,  which  shall  be  forthwith  paid  by  the  master 
of  the  vessel,  on  penalty  of  paying  a  sum  of  not  less  than 
one  hundred  dollars,  nor  more  than  four  times  the  value 
of  such  excess,  or  such  master  shall  be  punishable  by  im^ 
prisonment  for  not  less  than  three  months,  and  not  more 
than  two  years. 

258.  Saloon  stores. 

Articles  purchased  for  the  use  of  or  for  sale  on  board  R-  s,  3113. 
any  such  vessel,  as  saloon  stores  or  supplies,  shall  be 
deemed  merchandise,  and  shall  be  liable,  when  purchased 
at  a  foreign  port,  to  entry  and  the  payment  of  the  duties 
found  to  be  due  thereon,  at  the  first  port  of  arrival  of 
such  vessel  in  the  United  States;  and  for  a  failure  on  the 
part  of  the  saloon-keeper  or  person  purchasing  or  owning 
such  articles  to  report,  make  entries,  and  pay  duties,  as 
hereinbefore  required,  such  articles,  together  with  the 
fixtures  and  other  merchandise,  found  in  such  saloon  or 
on  or  about  such  vessel  belonging  to  and  owned  by  such 
saloon-keeper  or  other  person  interested  in  such  saloon, 
shall  be  seized  and  forfeited,  and  such  saloon-keeper  or 
other  person  so  purchasing  and  owning  shall  be  liable  to 
a  penalty  of  not  less  than  one  hundred  dollars  and  not 
more  than  five  hundred,  and  shall  be  punishable  by  im- 
prisonment for  not  less  than  three  months,  and  not  more 
than  two  years.  ' 

259.  Duties  on  repairs. 

The  equipments,  or  any  part  thereof,  including  boats,  R.  s.,  3114. 
purchased  for,  or  the  expenses  of  repairs  made  in  a  for- 
eign country  upon  a  vessel  enrolled  and  licensed  under 
the  laws  of  the  United  States  to  engage  in  the  foreign  and 
coasting  trade  on  the  northern,  northeastern,  and  north- 
western frontiers  of  the  United  States,  or  a  vessel  in- 
tended to  be  employed  in  such  trade,  shall,  on  the  first 
arrival  of  such  vessel  in  any  port  of  the  United  States,  be 
liable  to  entry  and  the  payment  of  an  ad-valorem  duty  of 
fifty  per  centum  on  the  cost  thereof  in  such  foreign  coun- 
try ;  and  if  the  owner  or  master  of  such  vessel  shall  will- 
fully and  knowingly  neglect  or  fail  to  report,  make  entry, 
and  pay  duties  as  herein  required,  such  vessel,  with  her 
tackle,  apparel,  and  furniture,  shall  be  seized  and  for- 
feited. 

No  license,  or  enrollment  and  license,  nor  lenewal  of  r.  s.,  4330. 
either,  shall  hereafter  be  issued  to  any  vessel  until  the 
collector  to  whom  application  is  made  for  the  same  is 
satisfied,  from  the  oath  of  the  owner  or  master   that  all 
143562°— 19 17 


258  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

equipments  and  repairs,  made  in  a  foreign  port  within 
the  year  immediately  preceding  such  application,  have 
been  duly  accounted  for,  and  the  duties  accruing  thereon 
duly  paid;  and  if  such  owner  or  master  shall  refuse  to 
take  such  oath,  or  take  it  falsely,  the  vessel  shall  be 
seized  and  forfeited. 

r.  s.,  3115.  If  the  owner  or  master  of  such  vessel  shall,  however, 

furnish  good  and  sufficient  evidence  that  such  vessel, 
while  in  the  regular  course  of  her  voyage,  was  compelled, 
by  stress  of  weather  or  other  casualty,  to  put  into  such 
foreign  port  and  purchase  such  equipments,  or  make 
such  repairs,  to  secure  the  safety  of  the  vessel  to  enable 
her  to  reach  her  port  of  destination,  then  it  shall  be  com- 
petent for  the  Secretary  of  the  Treasury  to  remit  or 
refund  such  duties,  and  such  vessel  shall  not  be  liable  to 
forfeiture,  and  no  license  or  enrollment  and  license,  or 
renewal  of  either,  shall  hereafter  be  issued  to  any  such 
vessel  until  the  collector  to  whom  application  is  made 
for  the  same  shall  be  satisfied,  from  the  oath  of  the 
owner  or  master,  that  all  such  equipments  and  repairs 
made  within  the  year  immediately  preceding  such  appli- 
cation have  been  duly  accounted  for  under  the  provisions 
of  this  and  the  preceding  sections,  and  the  duties  accru- 
ing thereon  duly  paid ;  and  if  such  owner  or  master  shall 
refuse  to  take  such  oath,  or  take  it  falsely,  the  vessel  shall 
be  seized  and  forfeited. 
260.  Entry  from  one  district  to  another. 

r.  s.,  3116.  The  master  of  every  vessel  enrolled  or  licensed  to  en- 

gage in  the  foreign  and  coasting  trade  on  the  northern, 
northeastern,  and  northwestern  frontiers  of  the  United 
States,  except  canal-boats  employed  in  navigating  the 
canals  within  the  United  States,  shall,  before  the  depar- 
ture of  his  vessel  from  a  port  in  one  collection-district  to 
a  port  in  another  collection-district,  present  to  the  col- 
lector at  the  port  of  departure  duplicate  manifests  of  his 
cargo,  or,  if  he  have  no  cargo,  duplicate  manifests  set- 
ting forth  that  fact;  such  manifests  shall  be  subscribed 
and  sworn  to  by  the  master  before  the  collector,  who  shall 
indorse  thereon  his  certificate  of  clearance,  retaining  one 
for  the  files  of  his  office;  the  other  he  shall  deliver  for  the 
use  of  the  master. 

r.  s.,  3117.  If  any  vessel  so  enrolled  or  licensed  shall  touch  at  any 

intermediate  port  of  the  United  States,  and  there  dis- 
charge cargo  taken  on  board  at  an  American  port,  or  at 
such  intermediate  ports  shall  take  on  board  cargo  des- 
-  tined  for  an  American  port,  the  master  of  such  vessel 
shall  not  be  required  to  .report  such  lading  or  unlading 
at  such  intermediate  ports,  but  shall  enter  the  same  on 
his  manifest  obtained  at  the  original  port  of  departure, 
which  he  shall  deliver  to  the  collector  of  the  port  at  which 
the  unlading  of  the  cargo  is  completed,  within  twenty- 


PART  XVIII. COMMERCE   WITH   CONTIGUOUS   COUNTRIES.       259 

four  hours  after  arrival,  and  shall  subscribe  and  make 
oath  as  to  the  truth  and  correctness  of  the  same. 

The  master  of  any  vessel  so  enrolled  or  licensed  shall,  u-  s>3118- 
before  departing  from  a  port  in  one  collection-district  to 
a  place  in  another  collection-district,  where  there  is  no 
custom-house,  file  his  manifest,  and  obtain  a  clearance  in 
the  same  manner,  and  make  oath  to  the  manifest,  which 
manifest  and  clearance  shall  be  delivered  to  the  proper 
officer  of  customs  at  the  port  at  which  the  vessel  next 
arrives  after  leaving  the  place  of  destination  specified  in 
the  clearance. 

Nothing  contained  in  the  three  preceding  sections  shall  R-  s.,  3119. 
exempt  masters  of  vessels  from  reporting,  as  now  required 
by  law,  any  merchandise  destined  for  any  foreign  port. 
No  permit  shall  be  required  for  the  unlading  of  cargo 
brought  from  an  American  port. 

No  merchandise  taken  from  any  port  in  the  United  R-  s.,  3120. 
States  on  the  northern,  northeastern,  or  northwestern 
frontiers  thereof,  to  a  port  in  another  collection-district 
of  the  United  States  on  such  frontiers,  in  any  vessel,  shall 
be  unladen  or  delivered  from  such  vessel  within  the 
United  States,  but  in  open  day,  that  is  to  say,  between  the 
rising  and  setting  of  the  sun,  except  by  special  license 
from  the  collector  or  other  principal  officer  of  the  port 
for  the  purpose.  The  owner  of  every  vessel  whose  mas- 
ter or  manager  shall  neglect  to  comply  with  the  provi- 
sions of  this  section  shall  be  liable  to  a  penalty  of  not 
less  than  one  hundred  dollars  nor  more  than  five  hun- 
dred. The  Secretary  of  the  Treasury  may,  from  time 
to  time,  make  such  regulations  as  to  him  shall  seem 
necessary  and  expedient  for  unloading  at  and  clearance 
from  any  port  or  place  on  such  frontiers  of  ships  or  ves- 
sels at  night.  And  that  the  Secretary  of  the  Treasury  be, 
and  he  is  hereby,  authorized,  in  his  discretion,  to  make 
such  regulations  as  shall  enable  vessels  engaged  in  the 
coasting-trade  between  ports  and  places  upon  Lake  Mich- 
igan exclusively,  and  laden  with  American  productions 
and  free  merchandise  only,  to  unlade  their  cargoes  with- 
out previously  obtaining  a  permit  to  unlade. 

The  master  of  any  vessel  so  enrolled  or  licensed,  des-  R- f!-  3122- 
tined  with  a  cargo  from  a  place  in  the  United  States,  at 
which  there  may  be  no  custom-house,  to^  a  port  where 
there  may  be  a  custom-house,  shall,  within  twenty-four 
hours  after  arrival  at  the  port  of  destination,  deliver  to 
the  proper  officer  of  the  customs  a  manifest,  subscribed 
by  him,  setting  forth  the  cargo  laden  at  the  place  of 
departure,  or  laden  or  unladen  at  any  intermediate  port, 
or  place,  to  the  truth  of  which  manifest  he  shall  make 
oath  before  such  officer.  If  the  vessel,  however,  have  no 
cargo,  the  master  shall  not  be  required  to  deliver  such 
manifest. 


260  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

261.  Discharging  cargo  and  passengers. 

b.  s.,3i2i.  The  master  of  any  vessel  with  cargo,  passengers,  or 

baggage  from  any  foreign  port,  shall  obtain  a  permit  and 
comply  with  existing  laws,  before  discharging  or  landing 
the  same. 

262.  Steam  tugs. 

it.  s.,  3123.  Steam-tugs  duly  enrolled  and  licensed  to  engage  in  the 

foreign  and  coasting  trade  on  the  northern,  northeastern, 
and  northwestern  frontiers  of  the  United  States,  when 
exclusively  employed  in  towing  vessels,  shall  not  be  re- 
quired to  report  and  clear  at  the  custom-house.  When 
such  steam-tugs,  however,  are  employed  in  towing  rafts 
or  other  vessels  without  sail  or  steam  motive-power,  not 
required  to  be  enrolled  or  licensed  under  existing  laws, 
they  shall  be  required  to  report  and  clear  in  the  same 
manner  as  is  hereinbefore  provided  in  similar  cases  for 
other  vessels. 

263.  Forms  and  penalties. 

r.  s.,  3124.  The  manifests,  certificates  of  clearance,  and  oaths,  pro- 

vided for  by  the  eight  preceding  sections  [R.  S.,  3116- 

Feb.  14,  1903.  3123],  shall  be  in  such  form,  and  prepared,  filled  up,  and 
executed  in  such  manner  as  the  Secretary  of  the  Treasury 
may  from  time  to  time  prescribe. 

r.  s.,  3125.  If  the  master  of  any  enrolled  or  licensed  vessel  shall 

neglect  or  fail  to  comply  with  any  of  the  provisions  or  re- 
quirements of  the  nine  preceding  sections  [R.  S.,  3116- 
3124],  such  master  shall  forfeit  and  pay  to  the  United 
States  the  sum  of  twenty  dollars  for  each  and  every  fail- 
ure or  neglect,  and  for  which  sum  the  vessel  shall  be 
liable,  and  may  be  summarily  proceeded  against,  by  way 
of  libel,  in  any  district  court  of  the  United  States. 

264.  Touching  at  foreign  ports. 

r.  s.,  3126.  Xny  vessel,  on  being  duly  registered  in  pursuance  of 

the  laws  of  the  United  States,  may  engage  in  trade  be- 
tween one  port  in  the  United  States  and  one  or  more 
ports  within  the  same,  with  the  privilege  of  touching  at 
one  or  more  foreign  ports  during  the  voyage,  and  land 
and  take  in  thereat  merchandise,  passengers  and  their 
baggage,  and  letters,  and  mails.  All  such  vessels  shall 
be  furnished  by  the  collectors  of  the  ports  at  which  they 
shall  take  in  their  cargoes  in  the  United  States,  with  cer- 
tified manifests,  setting  forth  the  particulars  of  the  car- 
goes, the  marks,  number  of  packages,  by  whom  shipped, 
to  whom  consigned,  at  what  port  to  be  delivered ;  desig- 
nating such  merchandise  as  is  entitled  to  drawback,  or  to 
the  privilege  of  being  placed  in  warehouse;  and  the  mas- 
ters of  all  such  vessels  shall,  on  their  arrival  at  any  port 
of  the  United  States  from  any  foreign  port  at  which  such 
vessel  may  have  touched,  as  herein  provided,  conform  to 
the  laws  providing  for  the  delivery  of  manifests  of  cargo 


PART  XVIIL — COMMERCE  WITH  CONTIGUOUS  COUNTRIES.       261 

and  passengers  taken  on  board  at  such  foreign  port,  and 
all  other  laws  regulating  the  report  and  entry  of  vessels 
from  foreign  ports,  and  be  subject  to  all  the  penalties 
therein  prescribed. 

265.  Foreign  merchandise  coastwise. 

Any  foreign  merchandise  taken  in  at  one  port  of  the  R.  s.,3127. 
United  States  to  be  conveyed  in  registered  vessels  to  any 
other  port  within  the  same,  either  under  the  provisions 
relating  to  warehouses,  or  under  the  laws  regulating  the 
transportation  coastwise  of  merchandise  entitled  to  draw- 
back, as  well  as  any  merchandise  not  entitled  to  drawback, 
but  on  which  the  import  duties  chargeable  by  law  shall 
have  been  duly  paid,  shall  not  become  subject  to  any  im- 
port duty  by  reason  of  the  vessel  in  which  they  may  arrive 
having  touched  at  a  foreign  port  during  the  voyage. 

266.  Special  provisions  for  British  North  America. 

When  any  merchandise  shall  be  imported  from  Canada  R-  S.,  3128. 
into  the  United  States,  in  any  steamboat  on  Lake  Cham- 
plain,  and  the  merchandise  shall  have  been  duly  entered, 
the  duties  thereon  paid  at  the  office  of  the  collector  of  any 
district  adjoining  Lake  Champlain,  it  shall  be  lawful  to 
land  such  merchandise  in  the  same  or  any  other  district 
adjoining"  Lake  Champlain. 

The  Secretary  of  the  Treasury,  with  the  approbation  R  e.,3129. 
of  the  President,  provided  the  latter  shall  be  satisfied 
that  similar  privileges  are  extended  to  vessels  of  the 
United  States  in  the  colonies  hereinafter  mentioned,  is 
hereby  authorized,  under  such  regulations  as  he  may  pre- 
scribe to  protect  the  revenue  from  fraud,  to  permit  vessels 
laden  with  the  products  of  Canada,  New  Brunswick, 
Nova  Scotia,  Newfoundland,  and  Prince  Edward  Island, 
or  either  of  them,  to  lade  or  unlade  at  any  port  within 
any  collection-district  of  the  United  States  which  he  may 
designate;  and  if  any  such  vessel  entering  a  port  so 
designated,  to  lade  or  unlade,  shall  neglect  or  refuse  to 
comply  with  the  regulations  so  prescribed  by  the  Secre- 
tary of  the  Treasury,  such  vessel,  and  the  owner  and 
master  thereof,  shall  be  subject  to  the  same  penalties  as 
if  no  authority  Under  this  section  had  been  granted  to 
lade  or  unlade  in  such  port. 


Part  XIX.— DOMESTIC  COMMERCE. 


267.  Great  districts. 

268.  Departure  within  a  great  district. 

269.  Arrival  within  a  great  district. 

270.  Coasting    trade   via    Isthmus   of 

Panama. 

271.  Departure  for  another  great  dis- 

trict. 

272.  Arrival  from  another  great  dis- 

trict. 

273.  Exemption    on    the     Mississippi 

and  tributaries. 

274.  Vessels  with  domestic  cargo. 

275.  Registered  vessels  in  the  coasting 

trade. 


276.  Report  by  master. 

277.  Foreign      vessels     barred     from 

coasting  trade. 
277  (a).    Suspension  of  coastwise  laws. 


278. 


279. 


280. 
281. 


282. 


Immediate  exportation  to  foreign 
port. 

Foreign  vessels  on  coasting  voy- 
ages. 

Foreign  tugboats. 

Penalties  for  violation  of  coast- 
ing laws. 

Forfeiture  of  vessel  and  mer- 
chandise. 


May  12,  1906. 


R.   S.,  4349. 


267.  Great  districts. 
The  seacoasts  and  navigable  rivers  of  the  United  States 

and  Porto  Rico  shall  be  divided  into  five  great  districts: 
The  first  to  include  all  the  collection  districts  on  the  sea- 
coasts  and  navigable  rivers  between  the  northern  bound- 
ary of  the  State  of  Maine  and  the  southern  boundary  of 
the  State  of  Texas ;  the  second  to  consist  of  the  island  of 
Porto  Rico;  the  third  to  include  the  collection  districts 
on  the  seacoasts  and  navigable  rivers  between  the  south- 
ern boundary  of  the  State  of  California  and  the  northern 
boundary  of  the  State  of  Washington;  the  fourth  to 
consist  of  the  Territory  of  Alaska ;  the  fifth  to  consist  of 
the  Territory  of  Hawaii. 

268.  Departure  within  a  great  district. 
The  master  of  every  vessel  under  twenty  tons  burden 

licensed  for  carrying  on  the  coasting-trade,  destined  from 
a  district  in  one* State  to  a  district  in  the  same  or  an  ad- 
joining State,  on  the  sea-coast  or  on  a  navigable  river, 
and  of  every  vessel  of  the  burden  of  twenty  tons  and  up- 
ward, destined  from  a  district  within  one  of  the  great 
districts  to  another  district  within  the  same  great  district, 
or  from  a  State  in  one  great  district  to  an  adjoining  State 
in  another  great  district,  having  on  board  either  distilled 
spirits  in  casks  exceeding  five  hundred  gallons,  wines  in 
casks  exceeding  two  hundred  and  fifty  gallons,  or  in  bot- 
tles exceeding  one  hundred  dozens,  sugar  in  casks  or  boxes 
exceeding  three  thousand  pounds,  or  foreign  merchandise 
in  packages,  as  imported,  exceeding  in  value  four  hundred 
dollars,  or  merchandise,  consisting  of  such  enumerated  or 
other  articles  of  foreign  growth  or  manufacture,  or  of 
both,  whose  aggregate  value  exceeds  eight  hundred  dol- 
262 


PART    XIX. DOMESTIC    COMMERCE.  263 

lars,  shall,  previous  to  the  departure  of  such  vessel  from 
the  port  where  she  may  then  be,  make  out  and  subscribe 
duplicate  manifests  of  the  whole  of  such  cargo  on  board 
such  vessel,  specifying  in  such  manifests  the  marks  and 
numbers  of  every  cask,  bag,  box,  chest,  or  package  con- 
taining the  same,  with  the  name  and  place  of  residence 
of  every  shipper  and  consignee,  and  the  quantity  shipped 
by  and  to  each.  If  there  be  a  collector  or  surveyor 
residing  at  such  port,  or  within  five  miles  thereof,  he 
shall  deliver  such  manifest  to  the  collector,  if  there  be 
one;  otherwise  to  the  surveyor,  before  whom  he  shall 
swear,  to  the  best  of  his  knowledge  and  belief,  that  the 
goods  therein  contained  were  legally  imported,  and  the 
duties  thereupon  paid  or  secured,  or  if  spirits  distilled 
within  the  United  States  that  the  duties  thereupon  have 
been  paid  or  secured.  Thereupon  the  collector  or  sur- 
veyor shall  certify  the  same  on  the  manifests,  one  of 
which  he  shall  return  to  the  master,  with  a  permit,  speci- 
fying thereon,  generally,  the  lading  on  board  such  vessel, 
and  authorizing  him  to  proceed  to  the  port  of  his  destina- 
tion. 

If  any  vessel,  being  laden  and  destined,  as  mentioned  in  R.  s.,  4350. 
the  preceding  section,  shall  depart  from  the  port  where  Jnly  12'  18'6- 
she  may  then  be  without  the  master  having  first  made  out 
and  subscribed  duplicate  manifests  of  the  lading  on  board 
such  vessel,  and  in  case  there  be  a  collector  or  surveyor 
residing  at  such  port,  or  within  five  miles  thereof,  with- 
out having  previously  delivered  the  same  to  the  collector 
or  surveyor,  and  obtaining  a  permit,  such  master  shall  be 
liable  to  a  penalty  of  one  hundred  dollars. 

269.  Arrival  within  a  great  district. 

The  master  of  every  vessel  licensed  for  carrying  on  the  r.  s.,  4351. 
coasting-trade,  having  on  board  either  distilled  spirits  in  July  12,  187fi" 
casks  exceeding  five  hundred  gallons,  wine  in  casks  ex- 
ceeding two  hundred  and  fifty  gallons,  or  in  bottles  ex- 
ceeding one  hundred  dozens,  sugar  in  casks  or  boxes 
exceeding  three  thousand  pounds,  or  foreign  merchandise 
in  packages,  as  imported,  exceeding  in  value  four  hun- 
dred dollars,  or  goods,  wares,  or  merchandise,  consisting 
of  such  enumerated  or  other  articles  of  foreign  growth 
or  manufacture,  or  of  both,  whose  aggregate  value  ex- 
ceeds eight  hundred  dollars,  and  arriving  from  a  district 
in  one  State,  at  a  district  in  the  same  or  an  adjoining 
State  on  the  sea-coast,  or  on  a  navigable  river,  or,  if  of 
the  burden  of  twenty  tons  or  upward,  arriving  at  a  dis- 
trict within  one  of  the  great  districts  from  another  dis- 
trict within  the  same  great  district,  or  from  a  State  ad- 
joining such  great  district,  shall,  previous  to  the  unlad- 
ing of  any  part  of  the  cargo  of  such  vessel,  deliver  to  the 
collector,  if  there  be  one,  or  if  not,  to  the  surveyor  resid- 
ing at  the  port  of  her  arrival,  or  if  there  be  no  collector 
or  surveyor  residing  at  such  port,  then  to  a  collector  or 
surveyor,  if  there  be  any  such  officer  residing  within  five 


264  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

miles  thereof,  the  manifest  of  the  cargo,  certified  by  the 
collector  or  surveyor  of  the  district  from  whence  she 
sailed  if  there  be  such  manifest,  otherwise  the  duplicate 
manifest  thereof,  as  is  hereinbefore  directed,  to  the  truth 
of  which,  before  such  officer,  he  shall  swear.  If  there 
have  been  taken  on  board  such  vessel  any  other  or  more 
goods  than  are  contained  in  such  manifest  or  manifests, 
since  her  departure  from  the  port  from  whence  she  first 
sailed,  or  if  any  goods  have  been  since  landed,  the  master 
shall  make  known  and  particularize  the  same  to  the  col- 
lector or  surveyor,  or  if  no  such  goods  have  been  so  taken 
on  board  or  landed,  he  shall  so  declare,  to  the  truth  of 
which  he  shall  swear.  Thereupon  the  collector  or  sur- 
veyor shall  grant  a  permit  for  unlading  a  part  or  the 
whole  of  such  cargo,  as  the  master  or  commander  may 
request.  If  there  is  no  collector  or  surveyor  residing  at 
or  within  five  miles  of  the  port  of  her  arrival,  the  master 
of  such  vessel  may  proceed  to  discharge  the  lading  from 
on  board  such  vessel,  but  shall  deliver  to  the  collector  or 
surveyor  residing  at  the  first  port  where  he  may  next 
afterward  arrive,  and  within  twenty-four  hours  of  his 
arrival,  the  manifest  or  manifests,  noting  thereon  the 
times  when  and  places  where  the  goods  therein  mentioned 
have  been  unladen,  to  the  truth  of  which,  before  the  last- 
mentioned  collector  or  surveyor,  he  shall  swear. 
Jiiiy'i4235i876.  ^  ^e  master  of  any  such  vessel,  being  laden  and  des- 
tined as  mentioned  in  the  preceding  section,  shall  neglect 
or  refuse  to  deliver  manifests,  at  the  times  and  in  the 
manner  directed,  he  shall  be  liable  to  a  penalty  of  one 
hundred  dollars. 

270.  Coasting  trade  via  Isthmus  of  Panama. 
[Seep.  538  (E.  S.  2999).] 

271.  Departure  for  another  great  district. 

,  The  master  of  every  vessel  under  twenty  tons  of  burden 
''  licensed  for  carrying  on  the  coasting-trade,  and  destined 
from  any  district  of  the  United  States  to  a  district  other 
than  a  district  in  the  same  or  an  adjoining  State,  on  the 
seacoast,  or  on  a  navigable  river,  and  of  every  vessel  of 
the  burden  of  twenty  tons  and  upward,  destined  to  a 
district  other  than  a  district  within  the  same  great  dis- 
trict, or  within  a  State  adjoining  such  great  district, 
shall,  previous  to  her  departure,  deliver  to  the  collector 
residing  at  the  port  where  such  vessel  may  be,  if  there  is 
one,  otherwise  to  the  collector  of  the  district  comprehend- 
ing such  port,  or  to  a  surveyor  within  the  district,  as  the 
one  or  the  other  may  reside  nearest  to  the  port  at  which 
such  vessel  may  be,  duplicate  manifests  of  the  whole 
cargo  on  board  such  vessel;  or  if  there  is  no  cargo  on 
board,  he  shall  so  certify;  and  if  there  are  any  distilled 
spirits,  or  merchandise  of  foreign  growth  or  manufac- 
ture on  board,  other  than  what  may  by  the  collector  be 


July  l: 


PART   XIX. DOMESTIC    COMMERCE,  265 

deemed  sufficient  for  sea-stores,  he  shall  specify  in  such 
manifest  the  marks  and  numbers  of  every  cask,  bag,  box, 
chest,  or  package  containing  the  same,  with  the  name,  and 
place  of  residence  of  every  shipper  and  consignee  of  such 
distilled  spirits,  or  merchandise  of  foreign  growth  or 
manufacture,  and  the  quantity  shipped  by  and  to  each. 
The  manifests  or  certificates  shall  be  subscribed  and 
sworn  to  by  him ;  and  he  shall  also  swear,  before  the  col- 
lector or  surveyor,  that  such  merchandise  of  foreign 
growth  or  manufacture  was,  to  the  best  of  his  knowledge 
and  belief,  legally  imported,  and  the  duties  thereupon 
paid  or  secured ;  or,  if  spirits  distilled  within  the  United 
States,  that  the  duties  thereupon  have  been  duly  paid  or 
secured.  Upon  the  performance  of  these  provisions,  and 
not  before,  the  collector  or  surveyor  shall  certify  the 
same  on  the  manifests  or  certificates;  one  of  which  he 
shall  return  to  the  master,  with  a  permit  thereto  annexed, 
authorizing  him  to  proceed  to  the  port  of  his  destination. 

If  any  such  vessel,  destined  as  mentioned  in  the  pre-  R.  s.,  4354. 
ceding  section,  shall  depart  from  the  port  where  she  may  July  1  '  187R> 
then  be,  having  distilled  spirits,  or  goods,  wares,  or  mer- 
chandise of  foreign  growth  or  manufacture  on  board, 
without  complying  with  the  requirements  of  the  preced- 
ing section,  the  master  thereof  shall  be  liable  to  a  pen- 
alty of  one  hundred  dollars;  or,  if  the  lading  be  of  goods 
the  growth  or  manufacture  of  the  United  States  only, 
or  if  such  vessel  have  no  cargo,  and  she  depart  without 
the  several  things  required  in  the  preceding  section  being 
complied  with,  the  master  shall  be  liable  to  a  penalty  of 
fifty  dollars. 
272.   Arrival  from  another  great  district. 

The  master  of  every  vessel  under  twenty  tons  burden  j^f-'ijpme 
licensed  to  carry  on  the  coasting  trade,  arriving  at  any 
district  of  the  United  States  from  any  district  other  than 
a  district  in  the  same  or  an  adjoining  State  on  the  sea- 
coast,  or  on  a  navigable  river,  and  of  every  vessel  of  the 
burden  of  twenty  tons  and  upward  arriving  from  a  dis- 
trict other  than  a  district  within  the  same  great  district, 
or  from  a  State  adjoining  such  great  district,  shall  deliver 
to  the  collector  residing  at  the  port  where  she  may  arrive 
if  there  be  one,  otherwise  to  the  collector  or  surveyor  in 
the  district  comprehending  such  port,  as  the  one  or  the 
other  may  reside  nearest  thereto,  if  the  collector  or  sur- 
veyor reside  at  a  distance  not  exceeding  five  miles,  within 
twenty-four  hours,  or,  if  at  a  greater  distance,  within 
forty-eight  hours  next  after  his  arrival,  and  previous  to 
the  unlading  any  of  the  goods  brought  in  such  vessel,  the 
manifest  of  the  cargo,  if  there  be  any,  certified  by  the  col- 
lector or  surveyor  of  the  district  from  whence  she  last 
sailed;  and  shall  make  oath,  before  the  collector  or  sur- 
veyor, that  there  was  not  when  he  sailed  from  the  district 
where  his  manifest  was  certified,  and  has  not  been  since, 


266  NAVIGATION    LAWS   OF    THE    UNITED   STATES. 

and  is  not  then  any  more  or  other  merchandise  of  foreign 
growth  or  manufacture,  or  distilled  spirits,  if  there  be 
any,  other  than  sea-stores,  on  board  such  vessel,  than  is 
therein  mentioned ;  and  if  there  be  none  such,  he  shall  so 
swear;  and  if  there  be  no  cargo  on  board,  he  shall  pro- 
duce the  certificate  of  the  collector  or  surveyor  of  the  dis- 
trict from  whence  she  last  sailed  that  such  is  the  case. 
Thereupon  such  collector  or  surveyor  shall  grant  a  permit 
for  unlading  the  whole  or  part  of  such  cargo,  if  there 
be  any,  within  his  district,  as  the  master  may  request ; 
and  where  a  part  only  of  the  merchandise  of  foreign 
growth  or  manufacture,  or  of  distilled  spirits,  brought 
in  such  vessel,  is  intended  to  be  landed,  the  collector  or 
surveyor  shall  make  an  indorsement  of  such  part  on  the 
back  of  the  manifest,  specifying  the  articles  to  be  landed ; 
and  shall  return  such  manifest  to  the  master,  indorsing 
also  thereon  his  permission  for  such  vessel  to  proceed  to 
the  place  of  her  destination. 
r.  s.,  4356.  If  the  master  of  such  vessel,  laden  and  destined  as  men- 

juiy  12,  is76.  ^onec[  jn  £}le  preceding  section,  shall  neglect  or  refuse  to 
deliver  the  manifest,  or,  if  she  has  no  cargo,  the  certifi- 
cate, within  the  time  directed  in  the  preceding  section, 
he  shall  be  liable  to  a  penalty  of  one  hundred  dollars,  and 
the  merchandise  of  foreign  growth  or  manufacture,  or 
distilled  spirits,  found  on  board,  or  landed  from  such  ship 
or  vessel,  not  being  certified  as  required,  shall  be  for- 
feited ;  and  if  the  same  shall  amount  to  the  value  of  eight 
hundred  dollars,  such  ship  or  vessel,  with  her  tackle,  ap- 
parel, and  furniture,  shall  be  also  forfeited. 

273.  Exemption  on  the  Mississippi  and  tributaries. 

July  12,  is76.  The  provisions  of  sections  forty-three  hundred  and 
forty-nine,  forty-three  hundred  and  fifty,  forty-three 
hundred  and  fifty-one,  forty-three  hundred  and  fifty-two, 
forty-three  hundred  and  fifty-three,  forty-three  hundred 
and  fifty- four,  forty-three  hundred  and  fifty- five,  and 
forty-three  hundred  and  fifty-six  of  the  Revised  Statutes, 
requiring  the  master  of  every  vessel  licensed  to  carry  on 
the  coasting-trade,  laden  in  part  with  foreign  merchan- 
dise or  distilled  spirits,  to  procure  a  permit  from  the  cus- 
toms officer  of  the  port  at  which  his  vessel  was  laden, 
authorizing  him  to  proceed  to  his  port  of  destination,  and 
also  to  procure  a  permit  from  the  port  of  destination  for 
the  unlading  of  his  cargo,  shall  not  be  held  to  include 
vessels  engaged  in  the  navigation  of  the  Mississippi  River 
or  tributaries  above  the  port  of  New  Orleans. 

274.  Vessels  with  domestic  cargo. 

r.  s.,  4359.  Nothing  in  this  Title  [R.  S.,  4311-4390]  shall  be  so  con- 

strued as  to  oblige  the  master  of  any  vessel  of  less  than 
twenty  tons  burden,  licensed  for  carrying  on  the  coasting 
trade,  bound  from  a  district  in  one  State  to  a  district  m 
the  same  or  an  adjoining  State  on  the  sea-coast,  or  on  a 
navigable  river,  or  of  any  vessel  of  the  burden  of  twenty 


PART    XIX.— DOMESTIC    COMMERCE.  267 

tons  or  upward,  bound  from  a  district  within  one  of  the 
great  districts  to  a  district  within  the  same  great  district, 
or  within  a  State  adjoining  such  great  district,  having  on 
board  merchandise  of  the  growth,  product,  or  manufac- 
ture of  the  United  States  only,  except  distilled  spirits,  or 
distilled  spirits  not  more  than  five  hundred  gallons,  wine 
in  casks  not  more  than  two  hundred  and  fifty  gallons,  or 
in  bottles  not  more  than  one  hundred  dozen,  sugar  in 
casks  or  boxes  not  more  than  three  thousand  pounds,  or 
foreign  merchandise  in  packages,  as  imported,  of  not 
more  value  than  four  hundred  dollars,  or  merchandise 
consisting  of  such  enumerated  or  other  articles  of  foreign 
growth  or  manufacture,  or  of  both,  whose  aggregate 
value  shall  be  not  more  than  eight  hundred  dollars,  to  de- 
liver a  manifest  thereof,  or  obtain  a  permit,  previous  to 
her  departure,  or,  on  her  arrival  within  such  district,  to 
make  any  report  thereof;  but  such  master  shall  be  pro- 
vided with  a  manifest,  by  him  subscribed,  of  the  lading, 
of  what  kind  soever,  which  was  on  board  such  vessel  at 
the  time  of  his  departure  from  the  district  from  which 
she  last  sailed,  and  if  the  same,  or  any  part  of  such  lad- 
ing, consists  of  distilled  spirits  or  merchandise  of  foreign 
growth  or  manufacture,  with  the  marks  and  numbers  of 
each  cask,  bag,  box,  chest,  or  package  containing  the 
same,  with  the  name  of  the  shipper  and  consignee  of  each. 
Such  manifest  shall  be  by  him  exhibited,  for  the  inspec- 
tion of  any  officer  of  the  revenue,  when  required  by  such 
officer ;  and  he  shall  also  inform  such  officer  from  whence 
such  vessel  last  sailed,  and  how  long  she  has  been  in  port, 
when  by  him  so  interrogated. 

Whenever  the  master  of  such  vessel,  laden  and  destined  R.  s.,  4360. 
as  described  in  the  preceding  section,  is  not  provided,  on 
his  arrival  within  any  such  district,  with  a  manifest,  and 
does  not  exhibit  the  same,  as  required  in  the  preceding 
section,  if  the  lading  of  such  vessel  consists  wholly  of 
merchandise  the  produce  or  manufacture  of  the  United 
States,  distilled  spirits  excepted,  he  shall  be  liable  to  a 
penalty  of  twenty  dollars,  or  if  there  be  distilled  spirits, 
or  merchandise  of  foreign  growth  or  manufacture,  on 
board,  excepting  what  may  be  sufficient  for  sea  stores,  he 
shall  be  liable  to  a  penalty  of  forty  dollars;  or  if  he  shall 
refuse  to  answer  the  interrogatories  truly,  as  is  herein  re- 
quired, he  shall  be  liable  to  a  penalty  of  one  hundred  dol- 
lars. If  any  of  the  merchandise  laden  on  board  such 
vessel  be  of  foreign  growth  or  manufacture,  or  of  spirits 
distilled  within  the  United  States,  so  much  of  the  same  as 
may  be  found  on  board  such  vessels,  and  not  included  in 
the  manifest  exhibited  by  such  master,  shall  be  forfeited. 

Coasting-vessels,  going  from  Long  Island,  in  the  State  R.  s.,  4.".57. 
of  New  York,  to  the*  State  of  Rhode  Island,  or  from  the 
State  of  Ehode  Island  to  Long  Island,  shall  have  the 
same  privileges  as  are  allowed  to  vessels  under  the  like 
circumstances  going  from  a  district  in  one  State  to  a  dis- 
trict in  the  same  or  an  adjoining  State. 


268  NAVIGATION  LAWS  OF   THE   UNITED  STATES. 

275.  Registered  vessels  in  the  coasting  trade. 

u.  s.,  436i.  Whenever  any  vessel  of  the  United  States,  registered 
according  to  law,  is  employed  in  going  from  any  one  dis- 
trict in  the  United  States  to  any  other  district,  such  ves- 
sel, and  the  master  thereof,  with  the  goods  she  may  have 
on  board  previous  to  her  departure  from  the  district 
where  she  may  be,  and  also  upon  her  arrival  in  any  other 
district,  shall  be  subject,  except  as  to  the  payment  of  fees, 
to  the  same  regulations,  provisions,  penalties,  and  for- 
feitures, and  the  like  duties  are  imposed  on  like  officers, 
as  are  provided  for  vessels  licensed  for  carrying  on  the 
coasting-trade.  Nothing  herein  contained  shall  be  con- 
strued to  extend  to  registered  vessels  of  the  United  States 
having  on  board  merchandise  of  foreign  growth  or  manu- 
facture, brought  into  the  United  States,  in  such  vessel, 
from  a  foreign  port,  and  on  which  the  duties  have  not 
been  paid  according  to  law. 

276.  Report  by  master. 

r.  s.,  4366.  The  master  of  every  vessel  employed  in  the  transporta- 
tion of  merchandise  from  district  to  district,  that  shall 
put  into  a  port  other  than  the  one  to  which  she  was 
bound,  shall,  within  twenty-four  hours  of  his  arrival,  if 
there  be  an  officer  residing  at  such  port,  and  she  continue 
there  so  long,  make  report  of  his  arrival  to  such  officer, 
with  the  name  of  the  place  he  came  from,  and  to  which 
he  is  bound,  with  an  account  of  his  lading;  and  every 
master  who  neglects  or  refuses  so  to  do  shall  be  liable  to 
a  penalty  of  twenty  dollars. 

277.  Foreign  vessels  barred  from  coasting  trade. 

FebS"i543i893      ^°  mercnan^ise  shall  be  transported  by  water  under 
Feb.'  ir',  i898i  penalty  of  forfeiture  thereof  from  one  port  of  the  United 
States  to  another  port  of  the  United  States,  either  di- 
rectly or  via  a  foreign  port,  or  for  any  part  of  the  voy- 
age, in  any  other  vessel  than  a  vessel  of  the  United  States. 
But  this  section  shall  not  be  construed  to  prohibit  the 
sailing  of  any  foreign  vessel  from  one  to  another  port  of 
the  United  States :  Provided,  That  no  merchandise  other 
than  that  imported  in  such  vessel  from  some  foreign  port 
which  shall  not  have  been  unladen  shall  be  carried  from 
one  port  or  place  in  the  United  States  to  another. 
sece819'1886"     ^°  f°reign  vessel  shall  transport  passengers  between 
Fib.  i7,  1898.  ports  or  places  in  the  United  States,  either  directly  or  by 
way  of  a  foreign  port,  under  a  penalty  of  two  hundred 
dollars  for  each  passenger  so  transported  and  landed. 
May  28,  1906.      \  foreign-built  dredge  shall  not,  under  penalty  of  for- 
feiture, engage  in  dredging  in  the  United  States  unless 
documented  as  a  vessel  of  the  United  States. 
277  (a).  Suspension  of  coastwise  laws. 
Oct.  6,  1917.       During  the  present  war  with  Germany  and  for  a  period 
of  one  hundred  and  twenty  days  thereafter  the  United 
States  Shipping  Board  may,  if  in  its  judgment  the  inter- 


Feb.  17, 
Sec.  3. 


Feb.  14, 
Sec.  10. 


PART    XIX. DOMESTIC   COMMERCE.  269 

ests  of  the  United  States  require,  suspend  the  present  pro- 
visions of  law  and  permit  vessels  of  foreign  registry,  and 
foreign-built  vessels  admitted  to  American  registry  under 
the  Act  of  August  eighteenth,  nineteen  hundred  and 
fourteen,  to  engage  in  the  coastwise  trade  of  the  United 
States :  Provided,  That  no  such  vessel  shall  engage  in  the 
coastwise  trade  except  upon  a  permit  issued  by  the  United 
States  Shipping  Board,  which  permit  shall  limit  or  de- 
fine the  scope  of  the  trade  and  the  time  of  such  employ- 
ment: Provided  further,  That  in  issuing  permits  the 
board  shall  give  preference  to  vessels  of  foreign  registry 
owned,  leased,  or  chartered  by  citizens  of  the  United 
States  or  corporations  thereof:  And  provided  further, 
That  the  provisions  of  this  Act  shall  not  apply  to  the 
coastwise  trade  with  Alaska  or  between  Alaskan  ports. 

278.  Immediate  exportation  to  foreign  port. 

Whenever  merchandise  is  imported  into  the  United 
States  by  sea  for  immediate  exportation  to  a  foreign  port 
by  sea,  or  by  a  river,  the  right  to  ascend  or  descend  which 
for  the  purposes  of  commerce  is  secured  by  treaty  to  the 
citizens  of  the  United  States  and  the  subjects  of  a  foreign 
power,  the  Secretary  of  Commerce  is  hereby  authorized 
to  prescribe  regulations  for  the  transshipment  and  trans- 
portation of  such  merchandise. 

279.  Foreign  vessels  on  coasting  voyages. 

The  master  of  every  foreign  vessel  bound  from  a  dis- 
trict in  the  United  States  to  any  other  district  within  the 
same,  shall,  in  all  cases,  previous  to  her  departure  from 
such  district,  deliver  to  the  collector  of  such  district  dupli- 
cate manifests  of  the  lading  on  board  such  vessel,  if  there 
be  any,  or,  if  there  be  none,  he  shall  declare  that  such  is 
the  case;  and  to  the  truth  of  such  manifest  or  declaration 
he  shall  swear,  and  also  obtain  a  permit  from  the  col- 
lector, authorizing  him  to  proceed  to  the  place  of  his 
destination. 

The  master  of  every  foreign  vessel,  on  his  arrival 
within  any  district  from  any  other  district,  shall,  in  all 
cases,  within  forty  eight  hours  after  his  arrival,  and 
previous  to  the  unlading  of  any  goods  from  on  board  such 
vessel,  deliver  to  the  collector  of  the  district  where  he 
may  have  arrived,  a  manifest  of  the  goods  laden  on  board 
such  vessel,  if  any  there  be;  or  if  in  ballast  only,  he  shall 
so  declare ;  he  shall  swear  to  the  truth  of  such  manifest 
or  declaration,  and  shall  also  swear  that  such  manifest 
contains  an  account  of  all  the  merchandise  which  was  on 
board  such  vessel  at  the  time,  or  has  been  since  her  depar- 
ture from  the  place  from  whence  she  shall  be  reported  last 
to  have  sailed ;  and  he  shall  also  deliver  to  such  collector 
the  permit  which  was  given  him  from  the  collector  of  the 
district  from  whence  he  sailed. 

Every  master  of  any  foreign  vessel  who  neglects  or 
refuses  to  comply  with  any  of  the  requirements  of  the 


270  NAVIGATION   LAWS   OF   THE    UNITED   STATES. 

two  preceding  sections,  shall  be  liable  to  a  penalty  of  one 
hundred  dollars.  Nothing  therein  contained  shall,  how- 
ever, be  construed  as  affecting  the  payment  of  tonnage, 
or  any  other  requirements  to  which  such  vessels  are  sub- 
ject by  law. 

280.  Foreign  tugboats. 

r.  s.  4370.  All  steam  tug-boats  not  of  the  United  States  found  em- 
ployed in  towing  documented  vessels  of  the  United  States 
plying  from  one  port  or  place  in  the  same  to  another,  shall 
be  liable  to  a  penalty  of  fifty  cents  per  ton  on  the  meas- 
urement of  every  such  vessel  so  towed  by  them  respec- 
tively, which  sum  may  be  recovered  by  way  of  libel  or 
suit.  This  section  shall  not  apply  to  any  case  where  the 
towing,  in  whole  or  in  part,  is  within  or  upon  foreign 
waters.  Any  foreign  railroad  company  or  corporation, 
whose  road  enters  the  United  States  by  means  of  a  ferry 
or  tug-boat,  may  own  such  boat,  and  it  shall  be  subject 
to  no  other  or  different  restrictions  or  regulations  in  such 
employment  than  if  owned  by  a  citizen  of  the  United 
States. 

281.  Penalties  for  violation  of  coasting  laws. 

r.  s.,  4371.  Every  vessel  of  twenty  tons  or  upward,  other  than  reg- 
istered vessels  found  trading  between  district  and  dis- 
trict, or  between  different  places  in  the  same  district, 
or  carrying  on  the  fishery  without  being  enrolled  and 
licensed,  or  if  less  than  twenty  tons  and  not  less  than  five 
tons,  without  a  license,  in  the  manner  provided  by  this 
Title  [R.  S.,  4311-4390],  if  laden  with  merchandise  the 
growth  or  manufacture  of  the  United  States  only,  dis- 
tilled spirits  excepted,  or  in  ballast,  shall  pay  the  same 
fees  and  tonnage  in  every  port  of  the  United  States  at 
which  she  may  arrive  as  vessels  not  belonging  to  a  citizen 
of  the  United  States;  and,  if  she  have  on  board  any 
articles  of  foreign  growth  or  manufacture,  or  distilled 
spirits,  other  than  sea-stores,  she  shall,  together  with  her 
tackle,  apparel,  and  furniture,  and  the  lading  found  on 
board,  be  forfeited. 

June  19,1886.  Every  vessel  of  twenty  tons  or  upwards,  entitled  to  be 
documented  as  a  vessel  of  the  United  States,  other  than 
registered  vessels,  found  trading  between  district  and 
district,  or  between  different  places  in  the  same  district, 
or  carrying  on  the  fishery,  without  being  enrolled  and 
licensed,  and  every  vessel  of  less  than  twenty  tons  and 
not  less  than  five  tons  burden  found  trading  or  carrying 
on  the  fishery  as  aforesaid  without  a  license  obtained  as 
provided  by  this  title  shall  be  liable  to  a  fine  of  thirty 
dollars  at  every  port  of  arrival  without  such  enrollment 
or  license.  But  if  the  license  shall  have  expired  while  the 
vessel  was  at  sea,  and  there  shall  have  been  no  oppor- 
tunity to  renew  such  license,  then  said  fine  of  thirty  dol- 
lars shall  not  be  incurred. 


PART    XIX. DOMESTIC    COMMERCE.  271 

And  so  much  of  section  four  thousand  three  hundred 
and  seventy-one  of  the  Revised  Statutes  as  relates  to  ves- 
sels entitled  to  be  documented  as  vessels  of  the  United 
States  is  hereby  repealed. 

That  the  fine  imposed  by  sections  five,  six,  seven,  and  sec.  9. 
eight  of  this  Act  shall  be  subject  to  remission  or  mitiga- 
tion by  the  Secretary  of  Commerce  when  the  offense  was 
not  wilfully  committed,  under  such  regulations  and 
methods  of  ascertaining  the  facts  as  may  seem  to  him  ad- 
visable. 

If  any  vessel  be  at  sea  at  the  expiration  of  the  time  for  R-  s.,  4372. 
which  the  license  was  given,  and  the  master  of  such  ves- 
sel shall  swear  that  such  was  the  case,  and  shall  also, 
within  forty-eight  hours  after  his  arrival,  deliver  to  the 
collector  of  the  district  in  which  he  shall  first  arrive  the 
license  which  shall  have  expired,  the  forfeiture  prescribed 
in  the  preceding  section  shall  not  be  incurred,  nor  shall 
the  vessel  be  liable  to  pay  the  fees  and  tonnage  therein 
required. 

Whenever  any  licensed  vessel  is  transferred,  in  whole  or  r.  s.,  4377. 
in  part,  to  any  person  who  is  not  at  the  time  of  such 
transfer  a  citizen  of  and  resident  within  the  United 
States,  or  is  employed  in  any  other  trade  than  that  for 
which  she  is  licensed,  or  is  found  with  a  forged  or  altered 
license,  or  one  granted  for  any  other  vessel,  such  vessel 
with  her  tackle,  apparel,  and  furniture,  and  the  cargo, 
found  on  board  her,  shall  be  forfeited.  But  vessels  which 
may  be  licensed  for  the  mackerel-fishery  shall  not  incur 
such  forfeiture  by  engaging  in  catching  cod  or  fish  of  any 
other  description  whatever.    [See  R.  S.  4337,  p.  193.] 

282.   Forfeiture  of  vessel  and  merchandise. 

Any  merchandise  on  board  any  vessel  which  belongs,  in  R-  s.,  437s. 
good  faith,  to  any  person  other  than  the  master,  owner, 
or  mariners  of  such  vessel,  and  upon  which  the  duties 
have  been  paid,  or  secured  according  to  law,  shall  be 
exempted  from  any  forfeiture  under  this  Title  [R.  S., 
4311-4390]. 

In  every  case  where  a  forfeiture  of  any  vessel  or  mer-  r.  s.,  4379. 
chandise  shall  accrue,  it  shall  be  the  duty  of  the  collector 
or  other  proper  officer,  who  shall  give  notice  of  the  seizure 
of  such  vessel  or  of  such  merchandise,  to  insert  in  the 
same  advertisement  the  name  and  the  place  of  residence 
of  the  person  to  whom  any  such  vessel  and  merchandise 
belonged  or  where  consigned,  at  the  time  of  such  seizure, 
if  the  same  be  known  to  him. 

All  penalties  and  forfeitures  which  shall  be  incurred  r.  s.,  4380. 
by  virtue  of  this  Title  [R.  S.,  4311-4390]  may  be  sued 
for,  prosecuted,  and  recovered  as  penalties  and  forfeitures 
incurred  by  virtue  of  the  laws  relating  to  the  collection 
of  duties,  and  shall  be  appropriated  in  like  manner;  ex- 
cept when  otherwise  expressly  prescribed. 


Part  XX.— TRADE  WITH  HAWAII. 


283.  General  provisions.  286.  Fisheries. 

284.  Registry  of  vessels  and  coasting  287.  Wharves;  harbors;  pilots. 

trade.  288.  Seamen's  laws. 

285.  Quarantine  and  public  health. 

283.  General  provisions. 

secr.'53°'  19°°'  The  Constitution,  and,  except  as  otherwise  provided, 
May  27,  loio.  all  the  laws  of  the  United  States,  including  laws  carry- 
ing general  appropriations,  which  are  not  locally  inap- 
plicable, shall  have  the  same  force  and  effect  within  the 
said  Territory  as  elsewhere  in  the  United  States:  Pro- 
vided, That  sections  eighteen  hundred  and  forty-one  to 
eighteen  hundred  and  ninety-one,  inclusive,  nineteen  hun- 
dred and  ten  and  nineteen  hundred  and  twelve,  of  the 
Revised  Statutes,  and  the  amendments  thereto,  and  an 
Act  entitled  "An  Act  to  prohibit  the  passage  of  local  or 
special  laws  in  the  Territories  of  the  United  States,  to 
limit  territorial  indebtedness,  and  for  other  purposes," 
approved  July  thirtieth,  eighteen  hundred  and  eighty-six, 
and  the  amendments  thereto,  shall  not  apply  to  Hawaii. 
s"  •  ''■  The  laws  of  Hawaii  not  inconsistent  with  the  Constitu- 

tion or  laws  of  the  United  States  or  the  provisions  of  this 
Act  shall  continue  in  force,  subject  to  repeal  or  amend- 
ment by  the  legislature  of  Hawaii  or  the  Congress  of  the 
United  States. 

284.  Registry  of  vessels  and  coasting  trade. 

sec'o3s°'  100°'  ^-  vessels  carrying  Hawaiian  registers  on  the  twelfth 
day  of  August,  eighteen  hundred  and  ninety-eight,  and 
which  were  owned  bona  fide  by  the  citizens  of  the  United 
States,  or  the  citizens  of  Hawaii,  together  with  the  follow- 
ing-named vessels  claiming  Hawaiian  register,  Star  of 
France,  Euterpe,  Star  of  Russia,  Falls  of  Clyde,  and  Wil- 
scott,  shall  be  entitled  to  be  registered  as  American  ves- 
sels, with  the  benefits  and  privileges  appertaining  thereto, 
and  the  coasting  trade  between  the  islands  aforesaid  and 
any  other  portion  of  the  United  States  shall  be  regulated 
in  accordance  with  the  provisions  of  law  applicable  to 
such  trade  between  any  two  great  coasting  districts.  [See 
par.  182,  p.  192.] 

285.  Quarantine  and  public  health. 

Apr.  30,  iooo.      Quarantine  stations  shall  be  established  at  such  places 
July  i','i902.   in  the  Territory  of  Hawaii  as  the  Surgeon-General  of  the 

272 


PART   XX. TRADE    WITH    HAWAII.  273 

Public  Health  Service  of  the  United  States  shall  direct, 
and  the  quarantine  regulations  for  said  islands  relating 
to  the  importation  of  diseases  from  other  countries  shall 
be  under  the  control  of  the  Government  of  the  United 
States.  The  quarantine  station  and  grounds  at  the  har- 
bor of  Honolulu,  together  with  all  the  public  property 
belonging  to  that  service,  shall  be  transferred  to  the 
Public  Health  Service  of  the  United  States,  and  said 
quarantine  grounds  shall  continue  to  be  so  used  and  em- 
ployed until  the  station  is  changed  to  other  grounds 
which  may  be  selected  by  order  of  the  Secretary  of  the 
Treasury. 

The  health  laws  of  the  government  of  Hawaii  relating 
to  the  harbor  of  Honolulu  and  other  harbors  and  inlets 
from  the  sea  and  to  the  internal  control  of  the  health  of 
the  islands  shall  remain  in  the  jurisdiction  of  the  govern- 
ment of  the  Territory  of  Hawaii,  subject  to  the  quaran- 
tine laws  and  regulations  of  the  United  States. 

286.  Fisheries. 

All  laws  of  the  Republic  of  Hawaii  which  confer  exclu-  APr-9|0'  1900" 
sive  fishing  rights  upon  any  person  or  persons  are  hereby 
repealed,  and  all  fisheries  in  the  sea  waters  of  the  Ter- 
ritory of  Hawaii  not  included  in  any  fish  pond  or  artifi- 
cial inclosure  shall  be  free  to  all  citizens  of  the  United 
States,  subject,  however,  to  vested  rights;  but  no  such 
vested  right  shall  be  valid  after  three  years  from  the  tak- 
ing effect  of  this  Act  unless  established  as  hereinafter 
provided. 

Any  person  who  claims  a  private  right  to  any  such  Se,'oc- 
fishery  shall,  within  two  years  after  the  taking  effect  of 
this  Act,  file  his  petition  in  a.  circuit  court  of  the  Terri- 
tory of  Hawaii,  setting  forth  his  claim  to  such  fishing 
right,  service  of  which  petition  shall  be  made  upon  the 
attorney-general,  who  shall  conduct  the  case  for  the  Ter- 
ritory, and  such  case  shall  be  conducted  as  an  ordinary  / 
action  at  law. 

If  such  fishing  right  be  established,  the  attorney-gen- 
eral of  the  Territory  of  Hawaii  may  proceed,  in  such 
manner  as  may  be  provided  by  law  for  the  condemnation 
of  property  for  public  use,  to  condemn  such  private  right 
of  fishing  to  the  use  of  citizens  of  the  United  States  upon 
making  just  compensation,  which  compensation,  when 
lawfully  ascertained,  shall  be  paid  out  of  any  money  in 
the  treasury  of  the  Territory  of  Hawaii  not  otherwise 
appropriated. 

287.  Wharves;  harbors;  pilots. 

That  there  shall  be  a  superintendent  of  public  works,  Aepcr-7f° 
who  shall  have  the  powers  and  duties  of  the  superin- 
tendent of  public  works  and  those  of  the  powers  and 
duties  of  the  minister  of  the  Interior  which  relate  to 
*    *    *    harbor  improvements,  wharves,  landings,    *    *    * 

143562°— 19 18 


1000. 


274  NAVIGATION    LAWS   OF    THE    UNITED    STATES. 

explosives,  eminent  domain,  public  works,  *  *  * 
buildings,  *  *  *  now  under  the  control  and  manage- 
ment of  the  minister  of  the  interior,  and  those  of  the  pow- 
ers and  duties  of  the  minister  of  finance  and  collector- 
general  which  relate  to  pilots  and  harbor  masters  under 
the  laws  of  Hawaii,  except  as  changed  by  this  Act  and 
subject  to  modification  by  the  legislature, 
sec.  89.  Until    further    provision    is    made    by    Congress   the 

wharves  and  landings  constructed  or  controlled  by  the 
Republic  of  Hawaii  on  any  seacoast,  bay,  roadstead,  or 
harbor  shall  remain  under  the  control  of  the  government 
of  the  Territory  of  Hawaii,  which  shall  receive  and  enjoy 
all  revenues  derived  therefrom,  on  condition  that  said 
property  shall  be  kept  in  good  condition  for  the  use  and 
convenience  of  commerce,  but  no  tolls  or  charges  shall 
be  made  by  the  government  of  the  Territory  of  Hawaii 
for  the  use  of  any  such  property  by  the  United  States, 
or  by  any  vessel  of  war,  tug,  revenue  cutter,  or  other  boat 
or  transport  in  the  service  of  the  United  States. 
288.  Seamen's  laws. 

Sec!' io?'  100°*  Provided,  That  no  suit  or  proceedings  shall  be  main- 
tained for  the  specific  performance  of  any  contract  here- 
tofore or  hereafter  entered  into  for  personal  labor  or 
service,  nor  shall  any  remedy  exist  or  be  enforced  for 
breach  of  any  such  contract,  except  in  a  civil  suit  or  pro- 
ceeding instituted  solely  to  recover  damages  for  such 
breach :  Provided  further,  That  the  provisions  of  this 
section  shall  not  modify  or  change  the  laws  of  the  United 
States  applicable  to  merchant  seamen. 


Part  XXI.— TRADE  WITH  PORTO  RICO. 


289.  General  provisions.  291.  Quarantine  and  public  health. 

290.  Registry  of  vessels  and  coasting     292.  Harbors  and  navigable  waters. 

trade.  293.  Wharves  and  piers. 

289.  General  provisions. 

The  Secretary  of  the  Treasury  shall  designate  the  sev-  gP,r'412,  1900 
eral  ports  and  subports  of  entry  in  Porto  Rico  and  shall 
make  such  rules  and  regulations  and  appoint  such  agents 
as  may  be  necessary  to  collect  the  duties  and  taxes  author- 
ized to  be  levied,  collected,  and  paid  in  Porto  Rico  by 
the  provisions  of  this  Act,  and  he  shall  fix  the  compen- 
sation and  provide  for  the  payment  thereof  of  all  such 
officers,  agents,  and  assistants  as  he  may  find  it  necessary 
to  employ  to  carry  out  the  provisions  hereof:  Provided, 
however,  That  as  soon  as  a  civil  government  for  Porto 
Rico  shall  have  been  organized  in  accordance  with  the 
provisions  of  this  Act  and  notice  thereof  shall  have  been 
given  to  the  President  he  shall  make  proclamation  thereof, 
and  thereafter  all  collections  of  duties  and  taxes  in  Porto 
Rico  under  the  provisions  of  this  Act  shall  be  paid  into 
the  treasury  of  Porto  Rico,  to  be  expended  as  required  by 
law  for  the  government  and  benefit  thereof  instead  of  be- 
ing paid  into  the  Treasury  of  the  United  States. 

The  laws  and  ordinances  of  Porto  Rico  now  in  force  sec.  s. 
shall  continue  in  full  force  and  effect,  except  as  altered, 
amended,  or  modified  hereinafter,  or  as  altered  or  modi- 
fied by  military  orders  and  decrees  in  force  when  this  Act 
shall  take  effect,  and  so  far  as  the  same  are  not  inconsist- 
ent or  in  conflict  with  the  statutory  laws  of  the  United 
States  not  locally  inapplicable,  or  the  provisions  hereof, 
until  altered,  amended,  or  repealed  by  the  legislative  • 
authority  hereinafter  provided  for  Porto  Rico  or  by  Act 
of  Congress  of  the  United  States : 

The  statutory  laws  of  the  United  States  not  locally  in-  Sec  14. 
applicable,  except  as  hereinbefore  or  hereinafter  other- 
wise provided,  shall  have  the  same  force  and  effect  in 
Porto  Rico  as  in  the  United  States,  except  the  internal- 
revenue  laws,  which,  in  view  of  the  provisions  of  section 
three,  shall  not  have  force  and  effect  in  Porto  Rico. 

Articles,  goods,  wares,  or  merchandise  going  into  Porto  Oct.  3,  1013. 
Rico  from  the  United  States  shall  be  exempted  from  the  Sec'  IV'  D' 
payment  of   any  tax   imposed   by  the  internal-revenue 
laws  of  the  United  States. 

290.  Registry  of  vessels  and  coasting  trade. 

The  Commissioner  of  Navigation  shall  make  such  regu-  gj^-g12'  1900 
lations,  subject  to  the  approval  of  the  Secretary  of  Com-  Feb.  i4,  1003 
merce,  as  he  may  deem  expedient  for  the  nationaliza-  Se<N  10' 
tion  of  all  vessels  owned  by  the  inhabitants  of  Porto  Rico 

275 


276  NAVIGATION    LAWS   OF    THE    UNITED   STATES. 

on  the  eleventh  day  of  April,  eighteen  hundred  and 
ninety-nine,  and  which  continued  to  be  so  owned  up  to 
the  date  of  such  nationalization,  and  for  the  admission 
of  the  same  to  all  the  benefits  of  the  coasting  trade  of  the 
United  States;  and  the  coasting  trade  between  Porto 
Eico  and  the  United  States  shall  be  regulated  in  accord- 
ance with  the  provisions  of  law  applicable  to  such  trade 
between  any  two  great  coasting  districts  of  the  United 
States.     [See  par.  182,  p.  192.] 

291.  Quarantine  and  public  health. 

Apr.  12,  1900.  Quarantine  stations  shall  be  established  at  such  places 
July1?;  1902.  in  Porto  Rico  as  the  Surgeon  General  of  the  Public 
Health  Service  of  the  United  States  shall  direct,  and 
the  quarantine  regulations  relating  to  the  importation  of 
diseases  from  other  countries  shall  be  under  the  control 
of  the  Government  of  the  United  States. 

292.  Harbors  and  navigable  waters. 

Apr.  12,  1900.      All  property  which  may  have  been  acquired  in  Porto 
sec.  13.  Rico  by  the  United  States  under  the  cession  of  Spain  in 

said  treaty  of  peace  in  any  public  bridges,  road  houses, 
water  powers,  highways,  unnavigable  streams,  and  the 
beds  thereof,  subterranean  waters,  mines,  or  minerals 
under  the  surface  of  private  lands,  and  all  property 
which  at  the  time  of  the  cession  belonged,  under  the  laws 
of  Spain  then  in  force,  to  the  various  harbor-works 
boards  of  Porto  Rico,  and  all  the  harbor  shores,  docks, 
slips,  and  reclaimed  lands,  but  not  including  harbor  areas 
or  navigable  waters,  is  hereby  placed  under  the  control 
of  the  Government  established  by  this  Act  to  be  admin- 
istered for  the  benefit  of  the  people  of  Porto  Rico;  and 
the  legislative  assembly  hereby  created  shall  have  author- 
ity, subject  to  the  limitations  imposed  upon  all  its  acts, 
to  legislate  with  respect  to  all  such  matters  as  it  may 
deem  advisable. 
July  l,  1902/  jhg  President  be,  and  he  is  hereby,  authorized  to  make, 
within  one  year  after  the  approval  of  this  Act,  such  res- 
ervation of  public  lands  and  buildings  belonging  to  the 
United  States  in  the  island  of  Porto  Rico,  for  military, 
naval,  light-house,  marine-hospital,  post-offices,  custom- 
houses, United  States  courts,  and  other  public  purposes, 
as  he  may  deem  necessary,  and  all  the  public  lands  and 
buildings,  not  including  harbor  areas  and  navigable 
streams  and  bodies  of  water  and  the  submerged  lands  un- 
derlying the  same,  owned  by  the  United  States  in  said 
island  and  not  so  reserved  be,  and  the  same  are  hereby, 
granted  to  the  government  of  Porto  Rico,  to  be  held  or 
disposed  of.  for  the  use  and  benefit  of  the  people  of  said 
island :  Provided,  That  said  grant  is  upon  the  express  con- 
dition that  the  government  of  Porto  Rico,  by  proper  au- 
thority, release  to  the  United  States  any  interest  or  claim 
it  may  have  in  or  upon  the  lands  or  buildings  reserved  by 
the  President  under  the  provisions  of  this  Act :  And  pro- 


June  11,  190C. 


PART   XXI. TEADE   WITH    POETO    RICO.  277 

vided  further,  That  nothing  herein  contained  shall  be  so 
construed  as  to  affect  any  legal  or  equitable  rights  ac- 
quired by  the  government  of  Porto  Rico  or  by  any  other 
party,  under  any  contract,  lease,  or  license  niade  by  the 
United  States  authorities  prior  to  the  first  day  of  May, 
nineteen  hundred. 
293.  Wharves  and  piers. 

The  Secretary  of  War  be,  and  he  is  hereby,  empowered, 
subject  to  the  restrictions  and  under  the  conditions  here- 
inafter mentioned,  to  authorize  the  construction,  exten- 
sion, and  maintenance  of  any  wharf,  pier,  dolphin,  boom, 
weir,  breakwater,  sea  wall,  bulkhead,  jetty,  or  other  struc- 
ture on  any  of  the  lands  belonging  to  the  United  States 
which  underlie  the  harbor  areas  and  navigable  streams 
and  bodies  of  waters  in  or  surrounding  Porto  Rico  and 
the  islands  adjacent  thereto  and  the  filling  in  and  dredg- 
ing of  such  lands. 

***** 

All  authorizations  granted  by  the  Secretary  of  War  for  Sec 
any  such  construction,  extension,  or  maintenance 

*  *  *  *  * 

(b)  Shall  be  subject  to  alteration,  amendment,  or 
repeal  by  Congress; 

(c)  Shall  provide  that  the  wharfage  fees  and  charges 
for  vessels,  for  passengers,  and  for  goods  loaded  or  dis- 
charged on,  from,  at,  or  over  any  such  structure,  and  for 
approach  and  entry  to  any  such  structure,  shall  be  no 
greater  than  are  just,  reasonable,  and  fairly  remunerative, 
and  for  that  purpose  shall  at  all  times  be  subject  to  regu- 
lation and  revision  by  the  said  Secretary  of  War;  that 
such  fees  and  charges  shall  be  the  same  for  all  persons, 
and  all  persons  shall  have  equal  right  to  approach,  enter, 
and  use  the  said  structure,  subject  to  such  reasonable 
rules  and  regulations  as  the  grantee  thereof  may  estab- 
lish, all  of  which  rules  and  regulations  shall  be  subject 
to  revision  by  the  Secretary  of  War : 

***** 

(g)  That  the  said  structure  shall  not  be  sublet,  sold, 
transferred,  or  assigned,  nor  shall  the  authorization  there- 
for be  granted,  sold,  transferred,  or  assigned  without  the 
consent  of  the  Secretary  of  War,  nor  in  any  case  to  a  per- 
son engaged,  directly  or  indirectly,  in  the  same  line  of 
business,  in  the  same  harbor  area,  navigable  stream,  or 
body  of  water,  and  that  any  grant,  subletting,  sale,  trans- 
fer, or  assignment  in  violation  hereof  shall  be  null  and 
void ; 

(h)  That  any  and  all  vessels  owned  or  chartered  by  the 
United  States  Government  shall  in  case  of  any  emer- 
gency, or  in  time  of  war,  have  prior  right,  free  of  charge, 
to  the  use  of  any  such  structure ;  and 

(i)  Shall  contain  such  further  restrictions  as  the  Sec- 
retary of  War  may  see  fit  to  impose  therein. 

***** 


Part  XXII.— TRADE  WITH  THE  PHILIPPINES. 


294.  Treaty  of  peace. 

295.  General  provisions. 

296.  Vessels  and  coasting  trade. 


297.  Tariff  and  internal  revenue. 

298.  Aids  to  navigation  and  commerce. 


294. 


Apr.  11,  1S99, 


Treaty  of  peace. 

Spain  cedes  to  the  United  States  the  archipelago 
known  as  the  Philippine  Islands.  [Article  III,  Treaty 
of  Paris,  Dec.  10,  1898,  proclaimed  Apr.  11,  1899.] 

The  United  States  will,  for  the  term  of  ten  years  from 
the  date  of  the  exchange  of  the  ratifications  of  the  present 
treaty,  admit  Spanish  ships  and  merchandise  to  the  ports 
of  the  Philippine  Islands  on  the  same  terms  as  ships  and 
merchandise  of  the  United  States.  [Article  IV,  Treaty 
of  Paris,  Dec.  10,  1898,  proclaimed  Apr.  11,  1899.] 
295.  General  provisions, 
juiy  i,  1902.  The  action  of  the  President  of  the  United  States  in 
creating  the  Philippine  Commission  and  authorizing  said 
Commission  to  exercise  the  powers  of  government  to  the 
extent  and  in  the  manner  and  form  and  subject  to  the 
regulation  and  control  set  forth  in  the  instructions  of 
the  President  to  the  Philippine  Commission,  dated  April 
seventh,  nineteen  hundred,  and  in  creating  the  offices  of 
civil  governor  and  vice-governor  of  the  Philippine  Is- 
lands, and  authorizing  said  civil  governor  and  vice-gov- 
ernor to  exercise  the  powers  of  government  to  the  extent 
and  in  the  manner  and  form  set  forth  in  the  Executive 
order  dated  June  twenty-first,  nineteen  hundred  and  one, 
and  in  establishing  four  executive  departments  of  govern- 
ment in  said  Islands  as  set  forth  in  the  Act  of  the  Philip- 
pine Commission,  entitled  "An  Act  providing  an  or- 
ganization for  the  departments  of  the  interior,  of  com- 
merce and  police,  of  finance  and  justice,  and  of  public 
instruction,"  enacted  September  sixth,  nineteen  hundred 
and  one,  is  hereby  approved,  ratified,  and  confirmed,  and 
until  otherwise  provided  by  law  the  said  Islands  shall 
continue  to  be  governed  as  thereby  and  herein  provided, 
and  all  laws  passed  hereafter  by  the  Philippine  Commis- 
sion shall  have  an  enacting  clause  as  follows :  "  By 
authority  of  the  United  States  be  it  enacted  by  the 
Philippine  Commission."  The  provisions  of  section  eight- 
een hundred  and  ninety-one  of  the  Ee vised  Statutes  of 
eighteen  hundred  and  seventy-eight  shall  not  apply  to  the 
Philippine  Islands. 

Future  appointments  of  civil  governor,  vice-governor, 
members  of  said  Commission  and  heads  of  executive  de- 
partments shall  be  made  by  the  President,  by  and  with 
the  advice  and  consent  of  the  Senate. 

278 


PART   XXII. TRADE    WITH    THE    PHILIPPINES.  279 

The  President  of  the  United  States,  during  such  time  Sec- 3- 
as  and  whenever  the  sovereignty  and  authority  of  the 
United  States  encounter  armed  resistance  in  the  Philip- 
pine Islands,  until  otherwise  provided  by  Congress,  shall 
continue  to  regulate  and  control  commercial  intercourse 
with  and  within  said  Islands  by  such  general  rules  and 
regulations  as  he,  in  his  discretion,  may  deem  most  con- 
ducive to  the  public  interests  and  the  general  welfare 


4. 


The  duties  and  taxes  collected  in  the  Philippine  Archi- 
pelago in  pursuance  of  this  Act,  and  all  duties  and  taxes 
collected  in  the  United  States  upon  articles  coming  from 
the  Philippine  Archipelago  and  upon  foreign  vessels 
coming  therefrom,  shall  not  be  covered  into  the  general 
fund  of  the  Treasury  of  the  United  States,  but  shall  be 
held  as  a  separate  fund  and  paid  into  the  treasury  of  the 
Philippine  Islands,  to  be  used  and  expended  for  the  gov- 
ernment and  benefit  of  said  islands. 
296.  Vessels  and  coasting  trade. 

Until  Congress  shall  have  authorized  the  registry  as  ap>'-  20-  190S 
vessels  of  the  United  States  of  vessels  owned  in  the  Phil- 
ippine Islands,  the  government  of  the  Philippine  Islands 
is  hereby  authorized  to  adopt,  from  time  to  time,  and 
enforce  regulations  governing  the  transportation  of  mer- 
chandise and  passengers  between  ports  or  places  in  the 
Philippine  Archipelago. 

On  and  after  the  passage  of  this  Act  the  same  tonnage  Sec.  2. 
taxes  shall  be  levied,  collected,  and  paid  upon  all  foreign 
vessels  coming  into  the  United  States  from  the  Philip- 
pine Islands  which  are  required  by  law  to  be  levied, 
collected,  and  paid  upon  vessels  coming  into  the  United 
States  from  foreign  countries. 

The  provisions  of  law  restricting  to  vessels  of  the  Sec.  3. 
United  States  the  transportation  of  passengers  and  mer- 
chandise directly  or  indirectly  from  one  port  of  the 
United  States  to  another  port  of  the  United  States  shall 
not  be  applicable  to  foreign  vessels  engaging  in  trade 
between  the  Philippine  Islands  and  the  United  States. 

The  Philippine  Commission  shall  be  authorized  and  Sec- 4- 
empowered  to  issue  licenses  to  engage  in  lighterage  or 
other  exclusively  harbor  business  to  vessels  or  other  craft 
actually  engaged  in  such  business  at  the  date  of  the  pas- 
sage of  this  Act  and  to  vessels  or  other  craft  built  in  the 
Philippine  Islands  or  in  the  United  States  and  owned 
by  citizens  of  the  United  States  or  by  inhabitants  of  the 
Philippine  Islands. 

Such  of  the  navigation  laws  of  the  United  States  as  are  Sec  5. 
in  force  in  the  Philippine  Islands  in  regard  to  vessels  ar- 
riving in  the  Philippine  Islands  from  the  mainland  terri- 
tory and  other  insular  possessions  of  the  United  States 
shall  continue  to  be  administered  by  the  proper  officials 
of  the  government  of  the  Philippine  Islands. 

The  laws  relating  to  entry,  clearance,  and  manifests  of  g",}y8|'  1902 
steamships  and  other  vessels  arriving  from  or  going  to 


280  NAVIGATION    LAWS   OF    THE   UNITED    STATES. 

foreign  ports  shall  apply  to  voyages  each  way  between 
the  Philippine  Islands  and  the  United  States  and  the 
possessions  thereof,  and  all  laws  relating  to  the  collection 
and  protection  of  customs  duties  not  inconsistent  with  the 
Act  of  Congress  of  March  eighth,  nineteen  hundred  and 
two,  "  temporarily  to  provide  revenue  for  the  Philippine 
Islands,"  shall  apply  in  the  case  of  vessels  and  goods  ar- 
riving from  said  Islands  in  the  United  States  and  its 
aforesaid  possessions. 

The  laws  relating  to  seamen  on  foreign  voyages  shall 
apply  to  seamen  on  vessels  going  from  the  United  States 
and  its  possessions  aforesaid  to  said  Islands,  the  customs 
officers  there  being  for  this  purpose  substituted  for  consu- 
lar officers  in  foreign  ports. 

The  provisions  of  chapters  six  and  seven,  [R.  S.,  4252- 
4292]  title  forty-eight,  Revised  Statutes,  so  far  as  now  in 
force,  and  any  amendments  thereof,  shall  apply  to  vessels ' 
making  voyages  either  way  between  ports  of  the  United 
States  or  its  aforesaid  possessions  and  ports  in  said 
Islands;  and  the  provisions  of  law  relating  to  the  public 
health  and  quarantine  shall  apply  in  the  case  of  all  vessels 
entering  a  port  of  the  United  States  or  its  aforesaid  pos- 
sessions from  said  Islands,  where  the  customs  officers  at 
the  port  of  departure  shall  perform  the  duties  required 
by  such  law  of  consular  officers  in  foreign  ports. 

Section  three  thousand  and  five,  Revised  Statutes,  as 
amended,  and  other  existing  laws  concerning  the  transit 
of  merchandise  through  the  United  States,  shall  apply  to 
merchandise  arriving  at  any  port  of  the  United  States 
destined  for  any  of  its  insular  and  continental  possessions, 
or  destined  from  any  of  them  to  foreign  countries. 

Nothing  in  this  Act  shall  be  held  to  repeal  or  alter  any 
part  of  the  Act  of  March  eighth,  nineteen  hundred  ami 
two,  aforesaid,  or  to  apply  to  Guam,  Tutuila,  or  Manna, 
except  that  section  eight  of  an  Act  entitled  "An  Act  to 
revise  and  amend  the  tariff  laws  of  the  Philippine  Archi- 
pelago, enacted  by  the  Philippine  Commission  on  the 
seventeenth  of  September,  nineteen  hundred  and  one,  and 
approved  by  an  Act  entitled  "An  Act  temporarily  to  pro- 
vide revenues  for  the  Philippine  Islands,  and  for  other 
purposes,"  approved  March  eighth,  nineteen  hundred  and 
two,  is  hereby  amended  so  as  to  authorize  the  Civil  Gov- 
ernor thereof  in  his  discretion  to  establish  the  equivalent 
rates  of  the  money  in  circulation  in  said  Islands  with  the 
money  of  the  United  States  as  often  as  once  in  ten  days. 
297.  Tariff  and  internal  revenue. 
13-  There  shall  be  levied,  collected,  and  paid  upon  all  arti- 
cles coming  into  the  United  States  from  the  Philippine 
Islands  the  rates  of  duty  which  are  required  to  be  levied, 
collected,  and  paid  upon  like  articles  imported  from  for- 
eign countries:  Provided,  That  all  articles,  the  growth  or 
product  of  or  manufactured  in  the  Philippine  Islands 
from  materials  the  growth  or  product  of  the  Philippine 


Oct. 

Sec. 


PART   XXII. TRADE    WITH    THE    PHILIPPINES.  281 

Islands  or  of  the  United  States,  or  of  both,  or  which  do 
not  contain  foreign  materials  to  the  value  of  more  than 
20  per  centum  of  their  total  value,  upon  which  no  draw- 
back of  customs  duties  has  been  allowed  therein,  coming 
into  the  United  States  from  the  Philippine  Islands  shall 
hereafter  be  admitted  free  of  duty:  Provided,  however, 
That  in  consideration  of  the  exemptions  aforesaid,  all 
articles,  the  growth,  product,  or  manufacture  of  the 
United  States,  upon  which  no  drawback  of  customs 
duties  has  been  allowed  therein,  shall  be  admitted  to  the 
Philippine  Islands  from  the  United  States  free  of  duty: 
And  prodded  further,  That  the  free  admission,  herein 
provided,  of  such  articles,  the  growth,  product,  or  manu- 
facture of  the  United  States,  into  the  Philippine  Islands, 
or  of  the  growth,  product,  or  manufacture,  as  hereinbe- 
fore defined,  of  the  Philippine  Islands  into  the  United 
States,  shall  be  conditioned  upon  the  direct  shipment 
thereof,  undei  a  through  bill  of  lading,  from  the  country 
of  origin  to  the  country  of  destination:  Provided,  That 
direct  shipment  shall  include  shipments  in  bond  through 
foreign  territory  contiguous  to  the  United  States:  Pro- 
vided, however,  That  if  such  articles  become  unpacked 
while  en  route  by  accident,  wreck,  or  other  casualty,  or 
so  damaged  as  to  necessitate  their  repacking,  the  same 
shall  be  admitted  free  of  duty  upon  satisfactory  proof 
that  the  unpacking  occurred  through  accident  or  neces- 
sity and  that  the  merchandise  involved  is  the  identical 
merchandise  originally  shipped  from  the  United  States 
or  the  Philippine  Islands,  as  the  case  may  be,  and  that  its 
condition  has  not  been  changed  except  for  such  damage 
as  may  have  been  sustained :  And  provided,  That  there 
shall  be  levied,  .collected,  and  paid,  in  the  United  States, 
upon  articles,  goods,  wares,  or  merchandise  coming  into 
the  United  States  from  the  Philippine  Islands,  a  tax 
equal  to  the  internal-revenue  tax  imposed  in  the  United 
States  upon  the  like  articles,  goods,  wares,  or  merchan- 
dise of  domestic  manufacture;  such  tax  to  be  paid  by 
internal-revenue  stamp  or  stamps,  to  be  provided  by  the 
Commissioner  of  Internal  Revenue,  and  to  be  affixed  in 
such  manner  and  under  such  regulations  as  he,  with  the 
approval  of  the  Secretary  of  the  Treasury,  shall  pre- 
scribe; and  such  articles,  goods,  wares,  or  merchandise, 
shipped  from  said  islands  to  the  United  _  States,  shall  be 
exempt  from  the  payment  of  any  tax  imposed  by  the 
internal-revenue  laws  of  the  Philippine  Islands:  And 
provided  further,  That  there  shall  be  levied,  collected,  and 
paid  in  the  Philippine  Islands,  upon  articles,  goods, 
wares,  or  merchandise  going  into  the  Philippine  Islands 
from  the  United  States,  a  tax  equal  to  the  internal- 
revenue  tax  imposed  in  the  Philippine  Islands  upon  the 
like  articles,  goods,  wares,  or  merchandise  of  Philippine 
Islands  manufacture;  such  tax  to  be  paid  by  internal- 
revenue  stamps  or  otherwise,  as  provided  by  the  laws  in 
the  Philippine  Islands;  and  such  articles,  goods,  wares, 


Sec 


282  NAVIGATION    LAWS   OP    THE    UNITED    STATES. 

or  merchandise  going  into  the  Philippine  Islands  from 
the  United  States  shall  be  exempt  from  the  payment 
of  any  tax  imposed  by  the  internal-revenue  laws  of 
the  United  States :  And  provided  further,  That  in  addi- 
tion to  the  customs  taxes  imposed  in  the  Philippine 
Islands,  there  shall  be  levied,  collected,  and  paid  therein 
upon  articles,  goods,  wares,  or  merchandise  imported 
into  the  Philippine  Islands  from  countries  other  than  the 
United  States,  the  internal-revenue  tax  imposed  by  the 
Philippine  Government  on  like  articles  manufactured 
and  consumed  in  the  Philippine  Islands  or  shipped  there- 
to for  consumption  therein,  from  the  United  States :  And 
provided  further,  That  from  and  after  the  passage  of  this 
Act  all  internal  revenues  collected  in  or  for  account  of  the 
Philippine  Islands  shall  accrue  intact  to  the  general  gov- 
ernment thereof  and  be  paid  into  the  insular  treasury: 
And  provided  further,  That  section  thirteen  of  "An  Act 
to  raise  revenue  for  the  Philippine  Islands,  and  for  other 
purposes,"  approved  August  fifth,  nineteen  hundred  and 
nine,  is  hereby  repealed. 
Mar.  s,  1902.  All  articles  manufactured  in  bonded  manufacturing 
warehouses  in  whole  or  in  part  of  imported  materials,  or 
of  materials  subject  to  internal-revenue  tax  and  intended 
for  shipment  from  the  United  States  to  the  Philippine 
Islands,  shall,  when  so  shipped,  under  such  regulations  as 
the  Secretary  of  the  Treasury  may  prescribe,  be  exempt 
from  internal-revenue  tax,  and  shall  not  be  charged  with 
duty  except  the  duty  levied  under  this  Act  upon  imports 
into  the  Philippine  Islands. 

All  articles  subject  under  the  laws  of  the  United  States 
to  internal-revenue  tax,  or  on  which  the  internal-revenue 
tax  has  been  paid,  and  which  may  under  existing  laws 
and  regulations  be  exported  to  a  foreign  country  without 
the  payment  of  such  tax,  or  with  benefit  of  drawback,  as 
the  case  may  be,  may  also  be  shipped  to  the  Philippine 
Islands  with  like  privilege,  under  such  regulations  and 
the  filing  of  such  bonds,  bills  of  lading,  and  other  secu- 
rity as  the  Commissioner  of  Internal  Revenue  may,  with 
the  approval  of  the  Secretary  of  the  Treasury,  prescribe. 
And  all  taxes  paid  upon  such  articles  shipped  to  the  Phil- 
ippine Islands  since  November  fifteenth,  nineteen  hun- 
dred and  one,  under  the  decision  of  the  Secretary  of  the 
Treasury  of  that  date,  shall  be  refunded  to  the  parties 
who  have  paid  the  same,  under  such  rules  and  regulations 
as  the  Secretary  of  the  Treasury  may  prescribe,  and  a 
sum  sufficient  to  make  such  payment  is  hereby  appro- 
priated, out  of  any  money  in  the  Treasury  not  otherwise 
appropriated. 

Where  materials  on  which  duties  have  been  paid  are 
used  in  the  manufacture  of  articles  manufactured  or  pro- 
duced in  the  United  States,  there  shall  be  allowed  on  the 
shipment  of  said  articles  to  the  Philippine  Archipelago  a 
drawback  equal  in  amount  to  the  duties  paid  on  the  mate- 
rials used,  less  one  per  centum  of  such  duties,  under  such 


PART   XXII. TRADE   WITH    THE   PHILIPPINES.  288 

rules  and  regulations  as  the  Secretary  of  the  Treasury- 
may  prescribe. 

Merchandise  in  bonded  warehouse  or  otherwise  in  the  sec.  7. 
custody  and  control  of  the  officers  of  the  customs,  upon 
which  duties  have  been  paid,  shall  be  entitled,  on  ship- 
ment to  the  Philippine  Islands  within  three  years  from 
the  date  of  the  original  arrival,  to  a  return  of  the  duties 
paid  less  one  per  centum,  and  merchandise  upon  which 
duties  have  not  been  paid  may  be  shipped  without  the 
payment'  of  duties  to  the  Philippine  Islands  within  said 
period,  under  such  rules  and  regulations  as  may  be  pre- 
scribed by  the  Secretary  of  the  Treasury. 

The  provisions  of  the  Act  entitled  "An  Act  to  simplify  sec.  8. 
the  laws  in  relation  to  the  collection  of  revenues,"  ap- 
proved June  tenth,  eighteen  hundred  and  ninety,  as 
amended  by  an  Act  entitled  "An  Act  to  provide  for 
the  Government  and  to  encourage  the  industries  of  the 
United  States,"  approved  July  twenty-fourth,  eighteen 
hundred  and  ninety-seven,  shall  apply  to  all  articles  com- 
ing into  the  United  States  from  the  Philippine  Archi- 
pelago. 

The  action  of  the  President  of  the  United  States  here-  July  1,  1902. 
tofore  taken  by  virtue  of  the  authority  vested  in  him  as  Sec-  2- 
Commander  in  Chief  of  the  Army  and  Navy,  as  set  forth 
in  his  order  of  July  twelfth,  eighteen  hundred  and  ninety- 
eight,  whereby  a  tariff  of  duties  and  taxes  as  set  forth  by 
said  order  was  to  be  levied  and  collected  at  all  ports  and 
places  in  the  Philippine  Islands  upon  passing  into  the 
occupation  and  possession  of  the  forces  of  the  United 
States,  together  with  the  subsequent  amendments  of  said 
order,  are  hereby  approved,  ratified,  and  confirmed,  and 
the  actions  of  the  authorities  of  the  government  of  the 
Philippine  Islands,  taken  in  accordance  with  the  provi- 
sions of  said  order  and  subsequent  amendments,  are 
hereby  approved :  Provided,  That  nothing  contained  in 
this  section  shall  be  held  to  amend  or  repeal  an  Act  en- 
titled "An  Act  temporarily  to  provide  revenue  for  the 
Philippine  Islands,  and  for  other  purposes,"  approved 
March  eighth,  nineteen  hundred  and  two. 
298.  Aids  to  navigation  and  commerce. 

The  government  of  the  Philippine  Islands  is  hereby  July  1,  1902. 
authorized  to  provide  for  the  needs  of  commerce  by  im-  ec'  ' 
proving  the  harbors  and  navigable  waters  of  said  islands 
and  to  construct  and  maintain  in  said  navigable  waters 
and  upon  the  shore  adjacent  thereto  bonded  warehouses, 
wharves,  piers,  light-houses,  signal  and  life-saving  sta- 
tions, buoys,  and  like  instruments  of  commerce,  and  to 
adopt  and  enforce  regulations  in  regard  thereto,  includ- 
ing bonded  warehouses  wherein  articles  not  intended  to  be 
imported  into  said  islands  nor  mingled  with  the  property 
therein,  but  brought  into  a  port  of  said  islands  for  re- 
shipment  to  another  country,  may  be  deposited  in  bond 
and  reshipped  to  another  country  without  the  payment 
of  customs  duties  or  charges. 


Part  XXIII.— TRADE  WITH  ALASKA  AND  VIRGIN 

ISLANDS. 

299. 

Coasting  laws. 

305.   Pribilof,    St.    Paul,    St.    George, 

300. 

Firearms  and  liquor. 

Walrus,    and    Otter     Islands, 

301. 

Special      licenses,      and      wharf 

and  Sea  Lion  Rock. 

charges. 

306.   Transit  in  bond. 

302. 

Transfer  of  cargo. 

307.   Crimes  and  penalties. 

303. 

Yukon  and  Stickine  River  trade. 

307  (a).   Tariff   »and     tax     provisions 

304. 

Procedure. 

Virgin  Islands. 

299.  Coasting  laws. 

r.  s.,  1954.  The  laws  of  the  United  States  relating  to  customs, 
commerce  and  navigation  are  extended  to  and  over  all  the 
mainland,  islands,  and  waters  of  the  territory  ceded  to 
the  United  States  by  the  Emperor  of  Russia  by  treaty 
concluded  at  Washington  on  the  thirtieth  day  of  March, 
anno  Domini  eighteen  hundred  and  sixty-seven,  so  far 
•    as  the  same  may  be  applicable  thereto. 

r.  s.,  4358.  The  coasting-trade  between  the  territory  ceded  to  the 
United  States  by  the  Emperor  of  Russia  and  any  other 
portion  of  the  United  States  shall  be  regulated  in  accord- 
ance with  the  provisions  of  law  applicable  to  such  trade 
between  any  two  great  districts.    [See  par.  182,  p.  192.] 

300.  Firearms  and  liquor. 

sl£!""u2. 1899-  If  any  person  shall,  without  the  authority  of  the  United 
States,  or  some  authorized  officer  thereof,  sell,  barter,  or 
give  to  any  Indian  or  half-breed  who  lives  and  associates 
with  Indians  any  firearms  or  ammunition  therefor  what- 
ever, or  any  spirituous,  malt,  or  vinous  liquor,  such  per- 
son, upon  conviction  thereof,  shall  be  punished  by  impris- 
onment in  the  county  jail  not  less  than  two  months  nor 
more  than  six  months,  or  by  fine  not  less  than  one  nor 
more  than  five  hundred  dollars.  That  the  term  "  Indian  " 
in  this  Act  shall  be  so  construed  as  to  include  the  aborig- 
inal races  inhabiting  Alaska  when  annexed  to  the  United 
States,  and  their  descendants  of  the  whole  or  half  blood. 

301.  Special  licenses,  and  wharf  charges. 

seT  436o18"'  ^ny  Person  or  persons,  corporation  or  company  pros- 
ecuting or  attempting  to  prosecute  any  of  the  following 
lines  of  business  within  the  District  of  Alaska  shall  first 
apply  for  and  obtain  license  so  to  do  from  a  district  court 
or  a  subdivision  thereof  in  said  District,  and  pay  for 
said  license  for  the  respective  lines  of  business  and  trade 
as  follows,  to  wit: 

Freight  and  passenger  transportation  lines,  propelled 
by  mechanical  powrer  on  inland  waters,  one  dollar  per  ton 
per  annum  on  net  tonnage,  custom-house  measurement,  of 
each  vessel. 

Public  docks,  wharves,  and  warehouses,  one  hundred 
doflars  per  annum. 

Ships  and  shipping:  Ocean  and  coastwise  vessels  doing 
local  business  for  hire  plying  in  Alaskan  waters,  one  dol- 

284 


Feb. 
Sec.   10. 


PAKT  XXIII. TRADE  "WITH  ALASKA  AND  VIRGIN  ISLANDS.       285 

lar  per  ton  per  annum  on  net  tonnage,  custom-house  meas- 
urement, of  each  vessel. 

Hereafter  the  Secretary  of  the  Treasury  be  authorized  June 
to  charge  and  fix  the  rates  of  dockage  and  wharfage  to  be 
paid  by  any  private  vessel  or  person  allowed  to  use  said 
wharf,  the  said  receipts  to  be  deposited  with  the  Treas- 
urer of  the  United  States  as  a  miscellaneous  receipt  de- 
rived from  Government  property;  and  the  Secretary  of 
the  Treasury  shall  direct,  by  regulation  or  otherwise,  by 
whom  said  wharfage  and  dockage  receipts  shall  be  col- 
lected. 

302.  Transfer  of  cargo. 
[See  par.  256,  p.  256.] 

303.  Yukon  and  Stickine  River  trade. 

Whenever  merchandise  is  imported  into  the  United  JJ  317-  1898- 
States  by  sea  for  immediate  exportation  to  a  foreign  port 
by  sea,  or  by  a  river,  the  right  to  ascend  or  descend  which 
for  the  purposes  of  commerce  is  secured  by  treaty  to  the 
citizens  of  the  United  States  and  the  subjects  of  a  foreign 
power,  the  Secretary  of  Commerce  is  hereby  authorized  Feb.  u,  1903. 
to  prescribe  regulations  for  the  transshipment  and  trans- 
portation of  such  merchandise. 

304.  Procedure. 

In  all  cases  of  fine,  penalty,  or  forfeiture,  embraced  in  ^ars-'319^99 
the  act  approved  March  three,  seventeen  hundred  and  se"'i75. 
ninety-seven,  chapter  thirteen  [R.  S.,  5292],  or  mentioned 
in  any  act  in  addition  to  or  amendatory  'of  such  act, 
that  have  occurred  or  may  occur  in  the  collection  district 
of  Alaska,  the  Secretary  of  the  Treasury  is  authorized,  |*-  i*»  1903- 
if  in  his  opinion  the  fine,  penalty  or  forfeiture  was  in- 
curred without  wilful  negligence  or  intention  of  fraud, 
to  ascertain  the  facts  in  such  manner  and  under  such 
regulations  as  he  may  deem  proper  without  regard  to 
the  provisions  of  the  act  above  referred  to,  and  upon 
the  facts  so  to  be  ascertained,  he  may  exercise  all  the 
power  of  remission  conferred  upon  him  by  that  act,  as 
fully  as  he  might  have  done  had  such  facts  been  ascer- 
tained under  and  according  to  the  provisions  of  that  act. 
[Sec.  10,  act  of  Feb.  14,  1903,  authorizes  the  Secretary 
of  Commerce  to  remit  in  certain  cases  above.] 

305.  Pritrilof,  St.  Paul,  St.  George,  Walrus,  and  Otter  Islands, 

and  Sea  Lion  Rock. 
The  Pribilof  Islands,  including  the  islands  of  Saint    1^^ 
Paul  and  Saint  George,  Walrus  and  Otter  Islands^  and    ||£  «e.  ^^ 
Sea  Lion  Rock,  in  Alaska,  are  declared  a  special  reserva-    sec."  7.  ' 
tion  for  government  purposes ;  and  until  otherwise  pro-    j^r*  s2.1'  191°" 
vided  by  law  it  shall  be  unlawful  for  any  person  to  land 
or  remain  on  any  of  those  islands,  except  through  stress 
of  weather  or  like  unavoidable  cause  or  by  the  authority 
of  the  Secretary  of  Commerce ;  and  any  person  found  on 
any  of  those  islands  contrary  to  the  provisions  hereof 
shall  be  summarily  removed  and  shall  be  deemed  guilty 
of  a  misdemeanor,  punishable  by  fine  not  exceeding  five 


286  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

hundred  dollars  or  by  imprisonment  not  exceeding  six 
months,  or  by  both  fine  and  imprisonment;  and  it  shall 
be  the  duty  of  the  Secretary  of  Commerce  to  carry  this 
section  into  effect. 

306.  Transit  in  bond. 

sea  it'  1808'  Under  rules  and  regulations  to  be  prescribed  by  the 
Secretary  of  the  Treasury,  the  privilege  of  entering 
goods,  wares,  and  merchandise  in  bond  or  of  placing  them 
in  bonded  warehouses  at  any  of  the  jDorts  in  the  District 
of  Alaska,  and  of  withdrawing  the  same  for  exportation 
to  any  place  in  British  Columbia  or  the  Northwest  Terri- 
tory without  payment  of  duty,  is  hereby  granted  to  the 
Government  of  the  Dominion  of  Canada  and  its  citizens 
or  citizens  of  the  United  States  and  to  persons  who  have 
declared  their  intention  to  become  such  whenever  and  so 
long  as  it  shall  appear  to  the  satisfaction  of  the  President 
of  the  United  States,  who  shall  ascertain  and  declare  the 
fact  by  proclamation,  that  corresponding  privileges  have 
been  and  are  being  granted  by  the  Government  of  the 
Dominion  of  Canada  in  respect  of  goods,  wares  and  mer- 
chandise passing  through  the  territory  of  the  Dominion 
of  Canada  to  any  point  in  the  District  of  Alaska  from 
any  point  in  said  District. 

307.  Crimes  and  penalties. 

se"'  536  18"'  -^  any  Person  shall  willfully  cast  away,  burn,  sink,  or 
otherwise  destroy  any  ship,  steamboat,  or  other  vessel, 
with  intent  to  injure  or  defraud  any  owner  of  such  ship, 
steamboat,  or  other  vessel,  or  with  intent  to  injure  or 
defraud  the  owner  of  any  property  laden  on  board  the 
same,  such  person,  upon  conviction  thereof,  shall  be  pun- 
ished by  imprisonment  in  the  penitentiary  not  less  than 
three  or  more  than  ten  years. 

If  any  person  shall  lade,  equip,  or  fit  out,  or  assist  in 
lading,  equipping,  or  fitting  out  any  ship,  steamboat,  or 
other  vessel,  with  the  intent  that  the  same  shall  be  will- 
fully cast  away,  burnt,  sunk,  or  otherwise  destroyed,  to 
injure  or  defraud  any  owner  or  insurer  of  said  ship, 
steamboat,  or  other  vessel,  or  of  any  property  laden  on 
board  the  same,  such  person,  upon  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  penitentiary 
not  less  than  one  nor  more  than'  five  years. 

sec.  58.  if  the  owner  0f  any  ship,  steamboat,  or  other  vessel,  or 

of  any  property  laden  or  pretended  to  be  laden  on  board 
the  same,  or  if  any  other  person  concerned  or  assisting  in 
the  fitting  out  or  lading  of  any  such  ship,  steamboat,  or 
other  vessel,  shall  make  out  or  exhibit  or  cause  to  be  made 
out  or  exhibited  any  false  or  fraudulent  invoice,  bill  of 
lading,  bill  of  parcels,  or  other  false  estimate  of  any 
property  laden  or  pretended  to  be  laden  on  board  of  such 
ship,  steamboat,  or  other  vessel,  with  intent  to  injure  or 
defraud  any  insurer  of  such  ship,  steamboat,  or  other 
vessel  or  property,  or  any  part  thereof,  such  person,  upon 
conviction  thereof,  shall  be  punished  by  imprisonment  in 


PART  XXIII. TRADE  WITH  ALASKA  AND  VIRGIN  ISLANDS.       287 

the  penitentiary  not  less  than  six  months  nor  more  than 
three  years.  . 

The    collector   and    deputy    collectors    appointed    tor    ^      ■ 
Alaska  Territory,  and  any  person  authorized  in  writing 
by  either  of  them,  or  by  the  Secretary  of  the  Treasury,    Sec;  10/ 
shall  have  power  to  arrest  persons  and  seize  vessels  and 
merchandise  liable  to  fines,  penalties,  or  forfeitures  under 
this  and  the  other  laws  extended  over  the  Territory,  and 
to  keep  and  deliver  the  same  to  the  marshal.    [Sec.  10  of 
the  act  of  Feb.  14,  1903,  bestows  this  power  in  certain 
cases  on  the  Secretary  of  Commerce.] 
307  (a).   Tariff  and  tax  provisions,  Virgin  Islands. 

On  and  after  the  passage  of  this  Act  there  shall  be  g£-8f«  1917- 
levied,  collected,  and  paid  upon  all  articles  coming  into 
the  United  States  or  its  possessions,  from  the  West  Indian 
Islands  ceded  to  the  United  States  by  Denmark,  the  rates 
of  duty  and  internal-revenue  taxes  which  are  required  to 
be  levied,  collected,  and  paid  upon  like  articles  imported 
from  foreign  countries:  Provided,  That  all  articles,  the 
growth  or  product  of,  or  manufactured  in  such  islands 
from  materials  the  growth  or  product  of  such  islands  or 
of  the  United  States,  or  of  both,  or  which  do  not  contain 
foreign  materials  to  the  value  of  more  than  twenty  per 
centum  of  their  total  value,  upon  which  no  drawback  of 
customs  duties  has  been  allowed  therein,  coming  into  the 
United  States  from  such  islands  shall  hereafter  be  ad- 
mitted free  of  duty. 

Until  Congress  shall  otherwise  provide  all  laws  now  Sec-  4 
imposing  taxes  in  the  said  West  Indian  Islands,  including 
the  customs  laws  and  regulations,  shall,  in  so  far  as  com- 
patible with  the  changed  sovereignty  and  not  otherwise 
herein  provided,  continue  in  force  and  effect,  except  that 
articles  the  growth,  product,  or  manufacture  of  the 
United  States  shall  be  admitted  there  free  of  duty :  Pro- 
vided, That  upon  exportation  of  sugar  to  any  foreign 
country,  or  the  shipment  thereof  to  the  United  States  or 
any  of  its  possessions,  there  shall  be  levied,  collected,  and 
paid  thereon  an  export  duty  of  $8  per  ton  of  two  thousand 
pounds  irrespective  of  polariscope  test,  in  lieu  of  any 
export  tax  now  required  by  law. 

There  shall  be  levied,  collected,  and  paid  in  the  United  ££•  xo'oo1917 
States,  upon  articles  coming  into  the  United  States  from 
the  West  Indian  Islands  acquired  from  Denmark,  a  tax 
equal  to  the  internal-revenue  tax  imposed  in  the  United 
States  upon  like  articles  of  domestic  manufacture;  such 
articles  shipped  from  said  islands  to  the  United  States 
shall  be  exempt  from  the  payment  of  any  tax  imposed  by 
the  internal-revenue  laws  of  said  islands:  Provided, 
That  there  shall  be  levied,  collected,  and  paid  in  said 
islands,  upon  articles  imported  from  the  United  States, 
a  tax  equal  to  the  internal-revenue  tax  imposed  in  said 
islands  upon  like  articles  there  manufactured;  and  such 
articles  going  into  said  islands  from  the  United  States 
shall  be  exempt  from  payment  of  any  tax  imposed  by  the 
internal-revenue  laws  of  the  United  States. 


Part  XXIV.— SEAL  HUNTING  AND  ALASKA  FISHERIES. 


308.  Convention    with    Great    Britain, 

Japan,  and  Russia  effective 
December  15,  1911. 

309.  Act  of  August  24,  1912. 

310.  Regulations  for  the  protection  of 

fur-bearing  animals  in  Alaska, 
dated  May  24,  1915,  Depart- 
ment of  Commerce. 


311.  Provisions  of  Revised  Statutes. 

312.  Report  to  Congress. 

313.  Alaska  fisheries. 

314.  Alien  fishermen  in  Alaska. 


308.  Convention  with  Great  Britain,  Japan,  and  Russia  effect- 
ive December  15,  1911. 

The  High  Contracting  Parties  mutually  and  recipro- 
cally agree  that  their  citizens  and  subjects  respectively, 
and  all  persons  subject  to  their  laws  and  treaties,  and 
their  vessels,  shall  be  prohibited,  while  this  Convention 
remains  in  force,  from  engaging  in  pelagic  sealing  in  the 
waters  of  the  North  Pacific  Ocean,  north  of  the  thirtieth 
parallel  of  north  latitude  and  including  the  Seas  of  Ber- 
ing, Kamchatka,  Okhotsk  and  Japan,  and  that  every  such 
person  and  vessel  offending  against  such  prohibition  may 
be  seized,  except  within  the  territorial  jurisdiction  of  one 
of  the  other  Powers,  and  detained  by  the  naval  or  other 
duly  commissioned  officers  of  any  of  the  Parties  to  this 
Convention,  to  be  delivered  as  soon  as  practicable  to  an 
authorized  official  of  their  own  nation  at  the  nearest  point 
to  the  place  of  seizure,  or  elsewhere  as  may  be  mutually 
agreed  upon;  and  that  the  authorities  of  the  nation  to 
which  such  person  or  vessel  belongs  alone  shall  have  juris- 
diction to  try  the  offense  and  impose  the  penalties  for  the 
same;  and  that  the  witnesses  and  proofs  necessary  to 
establish  the  offense,  so  far  as  they  are  under  the  control 
of  any  of  the  Parties  to  this  Convention,  shall  also  be 
furnished  with  all  reasonable  promptitude  to  the  proper 
authorities  having  jurisdiction  to  try  the  offense. 

Each  of  the  High  Contracting  Parties  further  agrees 
that  no  person  or  vessel  shall  be  permitted  to  use  any  of 
its  ports  or  harbors  or  any  part  of  its  territory  for  any 
purposes  whatsoever  connected  with  the  operations  of 
pelagic  sealing  in  the  waters  within  the  protected  area 
mentioned  in  Article  I. 


288 


PART    XXIV. SEAL    HUNTING   AND   ALASKA   FISHERIES.  289 

Each  of  the  High  Contracting  Parties  further  agrees  Art.  in. 
that  no  sealskins  taken  in  the  waters  of  the  North  Pacific 
Ocean  within  the  protected  area  mentioned  in  Article  I, 
and  no  sealskins  identified  as  the  species  known  as  Callor- 
hinus alascanus,  Callorhinus  ursinus,  and  Callorhinus 
kurilensis,  and  belonging  to  the  American,  Russian  or 
Japanese  herds,  except  such  as  are  taken  under  the  au- 
thority of  the  respective  Powers  to  which  the  breeding 
grounds  of  such  herds  belong  and  have  been  officially 
marked  and  certified  as  having  been  so  taken,  shall  be 
permitted  to  be  imported  or  brought  into  the  territory 
of  any  of  the  Parties  to  this  Convention.  * 

It  is  further  agreed  that  the  provisions  of  this  Conven-  Alt  IV- 
tion  shall  not  apply  to  Indians,  Ainos,  Aleuts,  or  other 
aborigines  dwelling  on  the  coast  of  the  waters  mentioned 
in  Article  I,  who  carry  on  pelagic  sealing  in  canoes  not 
transported  by  or  used  in  connection  with  other  vessels, 
and  propelled  entirely  by  oars,  paddles,  or  sails,  and 
manned  by  not  more  than  five  persons  each,  in  the  way 
hitherto  practiced  and  without  the  use  of  firearms ;  pro- 
vided that  such  aborigines  are  not  in  the  employment  of 
other  persons,  or  under  contract  to  deliver  the  skins  to 
any  person. 

Each  of  the  High  Contracting  Parties  agrees  that  it  Art"    * 
will  not  permit  its  citizens  or  subjects  or  their  vessels  to 
kill,  capture  or  pursue  beyond  the  distance  of  three  miles 
from  the  shore  line  of  its  territories  sea  otters  in  any  part 
of  the  waters  mentioned  in  Article  I  of  this  Convention. 

Each  of  the  High  Contracting  Parties  agrees  to  enact    rt-VL 
and  enforce  such  legislation  as  may  be  necessary  to  make 
effective  the  foregoing  provisions  with  appropriate  pen- 
alties for  violations  thereof. 

It  is  agreed  on  the  part  of  the  United  States,  Japan,  Art-  VIL 
and  Russia  that  each  respectively  will  maintain  a  guard 
or  patrol  in  the  waters  frequented  by  the  seal  herd  in  the 
protection  of  which  it  is  especially  interested,  so  far  as 
may  be  necessary  for  the  enforcement  of  the  foregoing 
provisions. 

All  of  the  High  Contracting  Parties  agree  to  cooperate  Art* VIIL 
with  each  other  in  taking  such  measures  as  may  be  appro- 
priate and  available  for  the  purpose  of  preventing  pelagic 
sealing  in  the  prohibited  area  mentioned  in  Article  I. 

The  term  of  pelagic  sealing  is  hereby  defined  for  the  Art- IX- 
purposes  of  this  Convention  as  meaning  the  killing,  cap- 
turing or  pursuing  in  any  manner  whatsoever  of  fur  seals 
at  sea'.     *     *     * 

This  Convention  shall  go  into  effect  upon  the  15th  day  Art.  xvi. 
of  December,   1911,   and  shall  continue  in  force  for  a 
period  of  fifteen  (15)  years  from  that  date,  and  thereafter 
until  terminated  by  twelve   (12)   months'  written  notice 
given  by  one  or  more  of  the  Parties  to  all  of  the  others, 

143562°— 19 19 


290  NAVIGATION    LAWS   OF    THE   UNITED   STATES. 

which  notice  may  be  given  at  the  expiration  of  fourteen 
years  or  at  any  time  afterwards,  and  it  is  agreed  that  at 
any  time  prior  to  the  termination  of  this  Convention, 
upon  the  request  of  any  one  of  the  High  Contracting 
Parties,  a  conference  shall  be  held  forthwith  between 
representatives  of  all  the  Parties  hereto,  to  consider  and 
if  possible  agree  upon  a  further  extension  of  this  Con- 
vention with  such  additions  and  modifications,  if  any,  as 
may  be  found  desirable. 
309.  Act  of  August  24,  1912. 

Au$  24,  1912.  No  citizen  of  the  United  States,  nor  person  owing  duty 
of  obedience  to  the  laws  or  the  treaties  of  the  United 
States,  nor  any  of  their  vessels,  nor  any  vessel  of  the 
United  States,  nor  any  person  belonging  to  or  on  board  of 
such  vessel,  shall  kill,  capture,  or  pursue,  at  any  time  or  in 
any  manner  whatever,  any  fur  seal  in  the  waters  of  the 
north  Pacific  Ocean  north  of  the  thirtieth  parallel  of 
north  latitude  and  including  the  seas  of  Bering,  Kam- 
chatka, Okhotsk,  and  Japan;  nor  shall  any  such  person  or 
vessel  kill,  capture,  or  pursue  sea  otter  in  any  of  the 
waters  mentioned  beyond  the  distance  of  three  miles  from 
the  shore  line  of  the  territory  of  the  United  States. 

Sec- 2-  No  citizen  of  the  United  States,  nor  person  above  de- 

scribed in  the  first  section,  shall  equip,  use,  or  employ,  or 
furnish  aid  in  equipping,  using,  or  employing,  or  furnish 
supplies  to  any  vessel  used  or  employed,  or  to  be  used  or 
employed,  in  carrying  on  or  taking  part  in  pelagic  seal- 
ing or  in  sea-otter  hunting  in  said  waters,  nor  shall  any 
of  their  vessels  nor  any  vessel  of  the  United  States  be  so 
used  or  employed ;  and  no  person  or  vessel  shall  use  any 
of  the  ports  or  harbors  of  the  United  States,  or  any  part 
of  the  territory  of  the  United  States,  for  any  purposes 
whatsoever  connected  with  the  operations  of  pelagic  seal- 
ing or  sea-otter  hunting  in  the  waters  named  in  the  first 
section  of  this  Act;  and  no  vessel  which  is  engaged  or 
employed,  or  intended  to  be  engaged  or  employed,  for  or 
in  connection  with  pelagic  sealing  or  sea-otter  hunting  in 
such  waters  shall  use  any  of  the  ports  or  harbors  or  any 
part  of  the  territory  of  the  United  States  for  any  pur- 
pose whatsoever. 

Sec- 3-  The  provisions  of  the  first  and  second  sections  of  this 

Act  shall  not  apply  to  Indians,  Aleuts,  or  other  aborigines 
dwelling  on  the  American  coast  of  the  waters  mentioned 
in  the  first  section  of  this  Act  who  carry  on  pelagic  seal- 
ing in  canoes  or  undecked  boats  propelled  wholly  by 
paddles,  oars,  or  sails,  and  not  transported  by  or  used  in 
connection  with  other  vessels,  and  manned  by  not  more 
than  five  persons  each,  in  the  way  hitherto  practiced  by 
the  said  Indians,  Aleuts,  or  other  aborigines,  and  without 
the  use  of  firearms:  Provided,  however,  That  the  excep- 
tion made  in  this  section  shall  not  apply  to  Indians, 
Aleuts,  or  other  aborigines  in  the  employment  of  other 


PART   XXIV. SEAL    HUNTING   AND   ALASKA    FISHERIES.  291 

persons  or  who  shall  kill,  capture,  or  pursue  fur  seals  or 
sea  otters  under  contract  to  deliver  the  skins  to  any 
person. 

The  importation  or  bringing  into  territory  of  the  sec.  4. 
United  States,  by  any  person  whatsoever,  of  skins  of  fur 
seals  or  sea  otters  taken  in  the  waters  mentioned  in  the 
first  section  of  this  Act,  or  of  skins  identified  as  those  of 
the  species  known  as  Callorhinus  alascanus,  Callorhinus 
ursinus,  and  Callorhinus  kurilensis,  or  belonging  to  the 
American,  Russian,  or  Japanese  herds,  whether  raw, 
dressed,  dyed,  or  manufactured,  except  such  as  have  been 
taken  under  the  authority  of  the  respective  parties  to  said 
convention,  to  which  the  breeding  grounds  of  such  herds 
belong,  and  have  been  officially  marked  and  certified  as 
having  been  so  taken,  is  hereby  prohibited;  and  all  such 
articles  imported  or  brought  in  after  this  Act  shall  take 
effect  shall  not  be  permitted  to  be  exported,  but  shall  be 
seized  and  forfeited  to  the  United  States. 

The  President  shall  have  power  to  make  regulations  Sec.  5. 
to  carry  this  Act  and  the  said  convention  into  effect,  and 
from  time  to  time  to  add  to,  modify,  amend,  or  revoke 
such  regulations,  as  in  his  judgment  may  seem  expedient. 
It  shall  be  the  duty  of  the  Secretary  of  Commerce,  under 
the  direction  of  the  President,  to  see  that  the  said  con- 
vention, the  provisions  of  this  Act,  and  the  regulations 
made  thereunder  are  executed  and  enforced;  and  all 
officers  of  the  United  States  engaged  in  the  execution  and 
enforcement  of  this  Act  are  authorized  and  directed  to 
cooperate  with  the  proper  officers  of  any  of  the  other 
parties  to  the  said  convention  in  taking  such  measures 
as  may  be  appropriate  and  available  under  the  said  con- 
vention, this  Act,  or  the  regulations  made  thereunder 
for  the  purpose  of  preventing  pelagic  sealing  as  in  this 
Act  prohibited. 

Every  person  guilty  of  a  violation  of  any  of  the  pro-  sec.  6. 
visions  of  said  convention,  or  of  this  Act,  or  of  any  regu- 
lation made  thereunder,  shall,  for  each  offense,  be  fined 
not  less  than  two  hundred  dollars  or  more  than  two 
thousand  dollars,  or  imprisoned  not  more  than  six  months, 
or  both;  and  every  vessel,  its  tackle,  apparel,  furniture, 
and  cargo,  at  any  time  used  or  employed  in  violation  of 
this  Act,  or  of  the  regulations  made  thereunder,  shall  be 
forfeited  to  the  United  States. 

If  any  vessel  shall  be  found  within  the  waters  to  which  Sec.  t. 
this  Act  applies,  having  on  board  fur-seal  skins  or  sea- 
otter  skins,  or  bodies  of  seals  or  sea  otters,  or  apparatus 
or  implements  for  killing  or  taking  seals  or  sea  otter,  it 
shall  be  presumed  that  such  vessel  was  used  or  employed 
in  the  killing  of  said  seals  or  sea  otters,  or  that  said  ap- 
paratus or  implements  were  used  in  violation  of  this  Act, 
until  the  contrary  is  proved  to  the  satisfaction  of  the 
court,  in  so  far  as  such  vessel,  apparatus,  and  implements 
are  subject  to  the  jurisdiction  of  the  United  States. 


292  NAVIGATION    LAWS    OF    THE   UNITED   STATES. 

Sec-  8-  Any  violation  of  the  said  convention,  or  of  this  Act,  or 

of  the  regulations  thereunder,  may  be  prosecuted  either 
in  the  district  court  of  Alaska,  or  in  any  district  court  of 
the  United  States  in  California,  Oregon,  or  Washington. 

Sec- 9-  It  shall  be  the  duty  of  the  President  to  cause  a  guard 

or  patrol  to  be  maintained  in  the  waters  frequented  by  the 
seal  herd  or  herds  and  sea  otter,  in  the  protection  of 
which  the  United  States  is  especially  interested,  composed 
of  naval  or  other  public  vessels  of  the  United  States  des- 
ignated by  him  for  such  service;  and  any  officer  of  any 
such  vessel  engaged  in  such  service  and  any  other  officers 
duly  designated  by  the  President  may  search  any  vessel 
of  the  United  States,  in  port,  or  in  territorial  waters  of 
the  United  States,  or  on  the  high  seas,  when  suspected  of 
having  violated,  or  being  about  to  violate,  the  provisions 
of  said  convention,  or  of  this  Act,  or  of  any  regulation 
made  thereunder,  and  may  seize  such  vessel  and  the 
officers  and  crew  thereof  and  bring  them  into  the  most 
accessible  port  of  the  Territory  or  of  any  of  the  States 
mentioned  in  the  eighth  section  of  this  Act  for  trial. 

sec.  10.  ^ny  vessei  or  person  described  in  the  first  section  of 

this  Act  offending  or  being  about  to  offend  against  the 
prohibitions  of  the  said  convention,  or  of  this  Act,  or  of 
the  regulations  made  thereunder,  may  be  seized  and  de- 
tained by  the  naval  or  other  duly  commissioned  officers 
of  any  of  the  parties  to  the  said  convention  other  than  the 
United  States,  except  within  the  territorial  jurisdiction 
of  one  of  the  other  of  said  parties,  on  condition,  however, 
that  when  such  vessel  or  person  is  so  seized,  and  detained 
by  officers  of  any  party  other  than  the  United  States  such 
vessel  or  person  shall  be  delivered  as  soon  as  practicable 
at  the  nearest  point  to  the  place  of  seizure,  with  the  wit- 
nesses and  proofs  necessary  to  establish  the  offense  so  far 
as  they  are  under  the  control  of  such  party,  to  the  proper 
official  of  the  United  States,  whose  courts  alone  shall  have 
jurisdiction  to  try  the  offense  and  impose  the  penalties 
for  the  same :  Provided,  however,  That  the  said  officers  of 
any  party  to  said  convention  other  than  the  United  States 
shall  arrest  and  detain  vessels  and  persons,  as  in  .this  sec- 
tion specified,  only  after  such  party,  by  appropriate  legis- 
lation or  otherwise,  shall  have  authorized  the  naval  or 
other  officers  of  the  United  States  duly  commissioned  and 
instructed  by  the  President  to  that  end  to  arrest,  detain, 
and  deliver  to  the  proper  officers  of  such  party  vessels  and 
subjects  under  the  jurisdiction  of  that  Government  offend- 
ing against  said  convention  or  any  statute  or  regulation 
made  by  that  Government  to  enforce  said  convention. 
The  President  of  the  United  States  shall  determine  by 
proclamation  when  such  authority  has  been  given  by  the 
other  parties  to  said  convention,  and  his  determination 
shall  be  conclusive  upon  the  question ;  and  such  proclama- 
tion may  be  modified,  amended,  or  revoked  by  proclama- 
tion of  the  President  whenever,  in  his  judgment,  it  is 
deemed  expedient. 


PART   XXIV. SEAL    HUNTING   AND  ALASKA   FISHERIES.  293 

From  and  after  the  approval  of  this  Act  all  killing  of  Sec-  n- 
fur  seals  on  the  Pribilof  Islands,  or  anywhere  within  the 
jurisdiction  of  the  United  States  in  Alaska,  shall  be  sus- 
pended for  a  period  of  five  years,  and  shall  be,  and  is 
hereby,  declared  to  be  unlawful ;  and  all  punishments  and 
penalties  heretofore  enacted  for  the  illegal  killing  of  fur 
seals  shall  be  applicable  and  inflicted  upon  offenders 
under  this  section:  Provided,  That  this  prohibition  shall 
not  apply  to  the  annual  killing  on  the  Pribilof  Islands  of 
such  male  seals  as  are  needed  to  supply  food,  clothing, 
and  boat  skins  for  the  natives  on  the  islands,  as  is  pro- 
vided for  in  article  eleven  of  said  convention ;  the  skins  of 
all  seals  so  used  for  food  shall  be  preserved  and  annually 
sold  by  the  Government,  and  proceeds  of  such  annual 
sales  shall  be  covered  into  the  Treasury  of  the  United 
States.     *     *     * 

The  term  "  pelagic  sealing "  where  used  in  this  Act  Sec- 12- 
shall  be  taken  to  mean  the  killing,  capturing,  or  pursuing 
in  any  manner  whatsoever  of  fur  seals  while  the  same  are 
in  the  water.  The  word  "  person  "  where  used  in  this  Act 
shall  extend  and  be  applied  to  partnerships  and  corpora- 
tions. 

This  act  shall  take  effect  immediately,  and  shall  con-  Sec- 13- 
tinue  in  force  until  the  termination  of  the  said  convention. 

310.  Regulations  for  the  protection  of  fur-bearing  animals  in 
Alaska,  dated  May  24,  1915,  Department  of  Commerce. 

Under  the  provisions  of  section  1  of  the  act  approved 
April  21,  1910,  the  hunting  or  killing  of  sea  otter  within 
the  limits  of  Alaska  Territory  or  in  the  waters  thereof 
has  been  forbidden  until  November  1,  1920. 

311.  Provisions  of  Revised  Statutes. 

No  person  shall  kill  any  otter,  mink,  marten,  sable,  or  Mar!' 3^899 
fur  seal,  or  other  fur-bearing  animal,  within  the  limits  "sec. '173. 
of  Alaska  Territory  or  in  the  waters  thereof ;  and  every 
person  guilty  thereof  shall,  for  each  offense,  be  fined 
not  less  than  two  hundred  nor  more  than  one  thousand  sie.'^1'  191°° 
dollars  or  imprisoned  not  more  than  six  months,  or  both ; 
and  all  vessels,  their  tackle,  apparel,  furniture,  and  cargo 
found  engaged  in  violation  of  this  section  shall  be  for- 
feited; but  the  Secretary  of  Commerce  shall  have  power 
to  authorize  the  killing  of  any  such  mink,  marten,  sable, 
fur  seal,  or  other  fur-bearing  animal  under  such  regula- 
tions as  he  may  prescribe;  and  it  shall  be  the  duty  of  the 
Secretary  of  Commerce  to  prevent  the  killing  of  any  fur 
seal  except  as  authorized  by  law  and  to  provide  for  the 
execution  of  the  provisions  of  this  section  until  it  is 
otherwise  provided  by  law. 

Section  nineteen  hundred  and  fifty-six  of  the  Revised  Mar.  2,  1889. 
Statutes  of  the  United  States  is  hereby  declared  to  in-  See' 3" 
elude  and  apply  to  all  the  dominion  of  the  United  States 
in  the  waters  of  Behring  Sea ;  and  it  shall  be  the  duty  of 


June  0,   1000. 
Sec.  2. 


June  2(3,  190G 


294  NAVIGATION    LAWS   OF   THE   UNITED   STATES. 

the  President,  at  a  timely  season  in  each  year,  to  issue 
his  proclamation  and  cause  the  same  to  be  published  for 
one  month  in  at  least  one  newspaper  if  any  such  there 
be  published  at  each  United  States  port  of  entry  on  the 
Pacific  coast,  warning  all  persons  against  entering  said 
waters  for  the  purpose  of  violating  the  provisions  of  said 
section ;  and  he  shall  also  cause  one  or  more  vessels  of  the 
United  States  to  diligently  cruise  said  waters  and  arrest 
all  persons,  and  seize  all  vessels  found  to  be,  or  to  have 
been,  engaged  in  any  violation  of  the  laws  of  the  United 
States  therein. 

312.  Report  to  Congress. 

The  governor  [of  Alaska]  shall  from  time  to  time 
inquire  into  the  operations  of  any  person,  company,  asso- 
ciation, or  corporation  authorized  by  the  United  States, 
by  contract  or  otherwise,  to  kill  seal  or  other  fur-bearing 
animals  in  the  district,  and  any  and  all  violations  by  such 
person,  company,  association,  or  corporation  of  the  agree- 
ment with  the  United  States  under  which  the  operations 
are  being  conducted,  and  shall  annually  report  to  Con- 
gress the  result  of  such  inquiries. 

313.  Alaska  fisheries. 

Every  person,  company,  or  corporation  carrying  on  the 
business  of  canning,  curing,  or  preserving  fish  or  manu- 
facturing fish  products  within  the  territory  known  as 
Alaska,  ceded  to  the  United  States  by  Russia  by  the 
treaty  of  March  thirtieth,  eighteen  hundred  and  sixty- 
seven,  or  in  any  of  the  waters  of  Alaska  over  which  the 
United  States  has  jurisdiction,  shall,  in  lieu  of  all  other 
license  fees  and  taxes  therefor  and  thereon,  pay  license 
taxes  on  their  said  business  and  output  as  follows :  Canned 
salmon,  four  cents  per  case ;  pickled  salmon,  ten  cents  per 
barrel;  salt  salmon  in  bulk,  five  cents  per  one  hundred 
pounds;  fish  oil,  ten  cents  per  barrel;  fertilizer,  twenty 
cents  per  ton.  The  payment  and  collection  of  such 
license  taxes  shall  be  under  and  in  accordance  with  the 
provisions  of  the  Act  of  March  third,  eighteen  hundred 
and  ninety-nine,  entitled  "An  Act  to  define  and  punish 
crimes  in  the  district  of  Alaska,  and  to  provide  a  code  of 
criminal  procedure  for  the  district,"  and  amendments 
thereto. 

The  catch  and  pack  of  salmon  made  in  Alaska  by  the 
owners  of  private  salmon  hatcheries  operated  in  Alaska 
shall  be  exempt  from  all  license  fees  and  taxation  of  every 
nature  at  the  rate  of  ten  cases  of  canned  salmon  to  every 
one  thousand  red  or  king  salmon  fry  liberated,  upon  the 
following  conditions : 

The  Secretary  of  Commerce  may  from  time  to  time, 
and  on  the  application  of  the  hatchery  owner  shall, 
within  a  reasonable  time  thereafter,  cause  such  pri- 
vate hatcheries  to  be  inspected  for  the  purpose  of  de- 
termining the  character  of  their  operations,  efficiency, 


PART    XXIV. SEAL    HUNTING   AND  ALASKA   FISHERIES.  295 

and  productiveness,  and  if  he  approve  the  same  shall 
cause  notice  of  such  approval  to  be  filed  in  the  office  of 
the  clerk  or  deputy  clerk  of  the  United  States  district 
court  of  the  division  of  the  district  of  Alaska  wherein 
any  such  hatchery  is  located,  and  shall  also  notify  the 
owners  of  such  hatchery  of  the  action  taken  by  him. 
The  owner,  agent,  officer,  or  superintendent  of  any  hatch- 
ery the  effectiveness  and  productiveness  of  which  has 
been  approved  as  above  provided  shall,  between  the 
thirtieth  day  of  June  and  the  thirty-first  day  of  Decem- 
ber of  each  year,  make  proof  of  the  number  of  salmon  fry 
liberated  during  the  twelve  months  immediately  preced- 
ing the  thirtieth  day  of  June,  by  a  written  statement 
under  oath.  Such  proof  shall  be  filed  in  the  office  of  the 
clerk  or  deputy  clerk  of  the  United  States  district  court 
of  the  division  of  the  district  of  Alaska  wherein  such 
hatchery  is  located,  and  when  so  filed  shall  entitle  the 
respective  hatchery  owners  to  the  exemption  as  herein 
provided;  and  a  false  oath  as  to  the  number  of  salmon 
fry  liberated  shall  be  deemed  perjury  and  subject  the 
offender  to  all  the  pains  and  penalties  thereof.  Dupli- 
cates of  such  statements  shall  also  be  filed  with  the  Sec- 
retary of  Commerce.  It  shall  be  the  duty  of  such  clerk 
or  deputy  clerk  in  whose  office  the  approval  and  proof 
heretofore  provided  for  are  filed  to  forthwith  issue 
to  the  hatchery  owner,  causing  such  proofs  to  be  filed, 
certificates  which  shall  not  be  transferable  and  of  such 
denominations  as  said  owner  may  request  (no  certifi- 
cate to  cover  fewer  than  one  thousand  fry),  covering 
in  the  aggregate  the  number  of  fry  so  proved  to  have 
been  liberated ;  and  such  -certificates  may  be  used  at  any 
time  by  the  person,  company,  corporation,  or  association 
to  whom  issued  for  the  payment  pro  tanto  of  any  license 
fees  or  taxes  upon  or  against  or  on  account  of  any  catch 
or  pack  of  salmon  made  by  them  in  Alaska ;  and  it  shall 
be  the  duty  of  all  public  officials  charged  with  the  duty 
of  collecting  or  receiving  such  license  fees  or  taxes  to 
accept  such  certificates  in  lieu  of  money  in  payment  of 
all  license  fees  or  taxes  upon  or  against  the  pack  of  canned 
salmon  at  the  ratio  of  one  thousand  fry  for  each  ten 
cases  of  salmon.  No  hatchery  owner  shall  obtain  the  re- 
bates from  the  output  of  any  hatchery  to  which  he  might 
otherwise  be  entitled  under  this  Act  unless  the  efficiency 
of  said  hatchery  has  first  been  approved  by  the  Secretary 
of  Commerce  in  the  manner  herein  provided  for. 

It  shall  be  unlawful  to  erect  or  maintain  any  dam,  Sec-3- 
barricade,  fence,  trap,  fish  wheel,  or  other  fixed  or  sta- 
tionary obstruction,  except  for  purposes  of  fish  culture, 
in  any  of  the  waters  of  Alaska  at  any  point  where  the 
distance  from  shore  to  shore  is  less  than  five  hundred 
feet,  or  within  five  hundred  yards  of  the  mouth  of  any 
red-salmon  stream  where  the  same  is  less  than  five  hun- 


296  NAVIGATION    LAWS   OF    THE    UNITED   STATES. 

dred  feet  in  width,  with  the  purpose  or  result  of  captur- 
ing salmon  or  preventing  or  impeding  their  ascent  to 
their  spawning  grounds,  and  the  Secretary  of  Commerce 
is  hereby  authorized  and  directed  to  have  any  and  all 
such  unlawful  obstructions  removed  or  destroyed. 

sec  4.  it  shall  be  unlawful  to  lay  or  set  any  drift  net,  seine, 

set  net,  pound  net,  trap,  or  any  other  fishing  appliance 
for  any  purpose  except  for  purposes  of  fish  culture,  across 
or  above  the  tide  waters  of  any  creek,  stream,  river, 
estuary,  or  lagoon,  for  a  distance  greater  than  one-third 
the  width  of  such  creek,  stream,  river,  estuary,  or  lagoon, 
or  within  one  hundred  yards  outside  of  the  mouth  of  any 
red-salmon  stream  where  the  same  is  less  than  five  hun- 
dred feet  in  width.  It  shall  be  unlawful  to  lay  or  set 
any  seine  or  net  of  any  kind  within  one  hundred  yards 
of  any  other  seine,  net,  or  other  fishing  appliance  which 
is  being  or  which  has  been  laid  or  set  in  any  of  the  waters 
of  Alaska,  or  to  drive  or  construct  any  trap  or  any  other 
fixed  fishing  appliance  within  six  hundred  yards  laterally 
or  within  one  hundred  yards  endwise  of  any  other  trap 
or  fixed  fishing  appliance. 

sec.  5.      .  It  shall  be  unlawful  to  fish  for,  take,  or  kill  any  salmon 

of  any  species  in  any  manner  or  by  any  means  except 
by  rod,  spear,  or  gaff,  in  any  of  the  waters  of  Alaska  over 
which  the  United  States  has  jurisdiction,  except  Cook 
Inlet,  the  Delta  of  Copper  River,  Bering  Sea,  and  the. 
waters  tributary  thereto,  from  six  o'clock  postmeridian 
of  Saturday  of  each  week  until  six  o'clock  antemeridian 
of  the  Monday  following,  or  to  fish  for,  or  catch,  or  kill 
in  any  manner  or  by  any  appliances  except  by  rod,  spear, 
or  gaff,  any  salmon  in  any  stream  of  less  than  one  hun- 
dred yards  in  width  in  Alaska  between  the  hours  of  six 
o'clock  in  the  evening  and  six  o'clock  in  the  morning  of 
the  following  day  of  each  and  every  day  of  the  week. 
Throughout  the  weekly  close  season  herein  prescribed  the 
gate,  mouth,  or  tunnel  of  all  stationary  and  floating  traps 
shall  be  closed,  and  twenty-five  feet  of  the  webbing  or 
net  of  the  "  heart "  of  such  traps  on  each  side  next  to 
the  "  pot "  shall  be  lifted  or  lowered  in  such  manner  as  to 
permit  the  free  passage  of  salmon  and  other  fishes. 

sec.  6.  The  Secretary  of  Commerce  may,  in  his  discretion, 

set  aside  any  streams  or  lakes  as  preserves  for  spawn- 
ing grounds,  in  which  fishing  may  be  limited  or  en- 
tirely prohibited;  and  when,  in  his  judgment,  the  re- 
sults of  fishing  operations  in  any  stream,  or  off  the  mouth 
thereof,  indicate  that  the  number  of  salmon  taken  is 
larger  than  the  natural  production  of  salmon  in  such 
stream,  he  is  authorized  to  establish  close  seasons  or  to 
limit  or  prohibit  fishing  entirely  for  one  year  or  more 
within  such  stream  or  within  five  hundred  yards  of  the 
mouth  thereof,  so  as  to  permit  salmon  to  increase :  Pro- 
vided, however,  That  such  power  shall  be  exercised  only 
after  all  persons  interested  shall  be  given  a  hearing,  of 


PART    XXIV. SEAL    HUNTING   AND  ALASKA   FISHERIES.  297 

which  due  notice  must  be  given  by  publication;  and 
where  the  interested  parties  are  known  to  the  Depart- 
ment they  shall  be  personally  notified  by  a  notice  mailed 
not  less  than  thirty  days  previous  to  such  hearing;:.  No 
order  made  under  this  section  shall  be  effective  before 
the  next  calendar  year  after  same  is  made:  And  provided 
further,  That  such  limitations  and  prohibitions  shall  not 
apply  to  those  engaged  in  catching  salmon  who  keep  such 
streams  fully  stocked  with  salmon  by  artificial  propa- 
gation. 

It  shall  be  unlawful  to  can  or  salt  for  sale  for  food  any  see.  7. 
salmon  more  than  forty-eight  hours  after  it  has  been 
killed. 

It  shall  be  unlawful  for  any  person,  company,  or  cor-  sec.  8. 
poration  wantonly  to  waste  or  destroy  salmon  or  other 
food   fishes  taken  or  caught  in  any  of  the  waters  of 
Alaska. 

It  shall  be  unlawful  for  any  person,  company,  or  cor-  Sec.9. 
poration  canning,  salting,  or  curing  fish  of  any  species  in 
Alaska  to  use  any  label,  brand,  or  trade-mark  which  shall 
tend  to  misrepresent  the  contents  of  any  package  of  fish 
offered  for  sale:  Provided,  That  the  use  of  the  terms 
"  red,"  "  medium  red,"  "  pink,"  "  chum,"  and  so  forth, 
as  applied  to  the  various  species  of  Pacific  salmon  under 
present  trade  usages  shall  not  be  deemed  in  conflict  with 
the  provisions  of  this  Act  when  used  to  designate  salmon 
of  those  known  species. 

Every  person,  company,  and  corporation  engaged  in  Sec.  10. 
catching,  curing,  or  in  any  manner  utilizing  fishery  prod- 
ucts, or  in  operating  fish  hatcheries  in  Alaska,  shall  make 
detailed  annual  reports  thereof  to  the  Secretary  of  Com- 
merce, on  blanks  furnished  by  him,  covering  all  such 
facts  as  may  be  required  with  respect  thereto  for  the  in- 
formation of  the  Department.  Such  reports  shall  be 
sworn  to  by  the  superintendent,  manager,  or  other  person 
having  knowledge  of  the  facts,  a  separate  blank  form 
being  used  for  each  establishment  in  cases  where  more 
than  one  cannery,  saltery,  or  other  establishment  is  con- 
ducted by  a  person,  company,  or  corporation,  and  the 
same  shall  be  forwarded  to  the  Department  at  the  close 
of  the  fishing  season  and  not  later  than  December  fif- 
teenth of  each  year. 

The  catching  or  killing,  except  with  rod,  spear,  or  gaff,  Sec-  n° 
of  any  fish  of  any  kind  or  species  whatsoever  in  any  of 
the  waters  of  Alaska  over  which  the  United  States  has 
jurisdiction,  shall  be  subject  to  the  provisions  of  this  Act, 
and  the  Secretary  of  Commerce  is  hereby  authorized  to 
make  and  establish  such  rules  and  regulations  not  incon- 
sistent with  law  as  may  be  necessary  to  carry  into  effect 
the  provisions  of  this  Act. 

To  enforce  the  provisions  of  this  Act  and  such  regula-  Sec.  12. 
tions  as  he  may  establish  in  pursuance  thereof,  the  Secre- 


298  NAVIGATION    LAWS   OF    THE   UNITED   STATES. 

tary  of  Commerce  is  authorized  and  directed  to  depute, 
in  addition  to  the  agent  and  assistant  agent  of  salmon 
fisheries  now  provided  by  law,  from  the  officers  and 
employees  of  the  Department  of  Commerce,  a  force  ade- 
quate to  the  performance  of  all  work  required  for  the 
proper  investigation,  inspection,  and  regulation  of  the 
Alaskan  fisheries  and  hatcheries,  and  he  shall  annually 
submit  to  Congress  estimates  to  cover  the  cost  of  the 
establishment  and  maintenance  of  fish  hatcheries  in 
Alaska,  the  salaries  and  actual  traveling  expenses  of  such 
officials,  and  for  such  other  expenditures  as  may  be  nec- 
essary to  carry  out  the  provisions  of  this  Act. 

Any  person,  company,  corporation,  or  association  vio- 
lating any  provision  of  this  Act  or  any  regulation  estab- 
lished in  pursuance  thereof  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  not  exceeding  one  thousand  dollars 
or  imprisonment  at  hard  labor  for  a  term  of  not  more 
than  ninety  days,  or  by  both  such  fine  and  imprisonment, 
at  the  discretion  of  the  court ;  and  in  case  of  the  violation 
of  any  of  the  provisions  of  section  four  of  this  Act  and 
conviction  thereof  a  further  fine  of  not  more  than  two 
hundred  and  fifty  dollars  per  diem  may,  at  the  discretion 
of  the  court,  be  imposed  for  each  day  such  obstruction  is 
maintained.  And  every  vessel  or  other  apparatus  or 
equipment  used  or  employed  in  violation  of  any  provi- 
sion of  this  Act,  or  of  any  regulation  made  thereunder, 
may  be  seized  by  order  of  the  Secretary  of  Commerce, 
and  shall  be  held  subject  to  the  payment  of  such  fine  or 
fines  as  may  be  imposed. 

sec.  14.  The  violation  of  any  provision  of  this  Act  may  be 

prosecuted  in  any  district  court  of  Alaska  or  any  district 
court  of  the  United  States  in  the  States  of  California, 
Oregon,  or  Washington.  And  it  shall  be  the  duty  of  the 
Secretary  of  Commerce  to  enforce  the  provisions  of  this 
Act  and  the  rules  and  regulations  made  thereunder.  And 
it  shall  be  the  duty  of  the  district  attorney  to  whom  any 
violation  is  reported  by  any  agent  or  representative  of 
the  Department  of  Commerce'to  institute  proceedings 
necessary  to  carry  out  the  provisions  of  this  Act. 
314.  Alien  fishermen  in  Alaska. 

June  i4. 1906.  jfc  shall  be  unlawful  f  or  any  person  not  a  citizen  of  the 
United  States,  or  who  has  declared  his  intention  to  be- 
come a  citizen  of  the  United  States,  and  is  not  a  bona  fide 
resident  therein,  or  for  any  company,  corporation,  or  asso- 
ciation not  organized  or  authorized  to  transact  business 
under  the  laws  of  the  United  States  or  under  the  laws  of 
any  State,  Territory,  or  district  thereof,  or  for  any  person 
not  a  native  of  Alaska,  to  catch  or  kill,  or  attempt  to 
catch  or  kill,  except  with  rod,  spear,  or  gaff,  any  fish  of 
any  kind  or  species  whatsoever  in  any  of  the  waters  of 
Alaska  under  the  jurisdiction  of  the  United  States:  Pro- 


PART    XXIV. SEAL    HUNTING   AND   ALASKA   FISHERIES.  299 

vided,  however,  That  nothing  contained  in  this  Act  shall 
prevent  those  lawfully  taking  fish  in  the  said  waters  from 
selling  the  same,  fresh  or  cured,  in  Alaska  or  in  Alaskan 
waters,  to  any  alien  person,  company,  or  vessel  then  being 
lawfully  in  "said  waters:  And  provided  further,  That 
nothing  contained  in  this  Act  shall  prevent  any  person, 
firm,  corporation,  or  association  lawfully  entitled  to  fish 
in  the  waters  of  Alaska  from  employing  as  laborers  any 
aliens  who  can  now  be  lawfully  employed  under  the  exist- 
ing laws  of  the  United  States,  either  at  stated  wages  or 
by  piecework,  or  both,  in  connection  with  Alaskan  fish- 
eries, or  with  the  canning,  salting  or  otherwise  preserving 
of  fish. 

Every  person,  company,  corporation,  or  association  sec.  2. 
found  guilty  of  a  violation  of  any  provision  of  this  Act  or 
of  any  regulation  made  thereunder  shall,  for  each  offense, 
be  fined  not  less  than  one  hundred  dollars  nor  more  than 
five  hundred  dollars,  which  fine  shall  be  a  lien  against 
any  vessel  or  other  property  of  the  offending  party  or 
which  was  used  in  the  commission  of  such  unlawful  act. 
Every  vessel  used  or  employed  in  violation  of  any  pro- 
vision of  this  Act  or  of  any  regulation  made  thereunder 
shall  be  liable  to  a  fine  of  not  less  than  one  hundred  dol- 
lars nor  more  than  five  hundred  dollars,  and  may  be 
seized  and  proceeded  against  by  way  of  libel  in  any  court 
having  jurisdiction  of  the  offense. 

The  violation  of  any  provision  of  this  Act  or  of  any  sec.  3. 
regulation  made  thereunder  may  be  prosecuted  in  any 
United  States  district  court  of  Alaska,  California,  Ore- 
gon, or  Washington. 

The  collector  of  customs  of  the  district  of  Alaska  is  sec.  4. 
hereby  authorized  to  search  and  seize  every  foreign  ves- 
sel and  arrest  every  person  violating  any  provision  of 
this  Act  or  any  regulation  made  thereunder,  and  the 
Secretary  of  Commerce  shall  have  power  to  authorize 
officers  of  the  Navy  and  of  the  Coast  Guard  and  agents 
of  the  Department  of  Commerce  to  likewise  make  such 
searches,  seizures,  and  arrests.  If  any  foreign  vessel 
shall  be  found  within  the  waters  to  which  this  Act 
applies,  having  on  board  fresh  or  cured  fish  and  appa- 
ratus or  implements  suitable  for  killing  or  taking  fish,  it 
shall  be  presumed  that  the  vessel  and  apparatus  were 
used  in  violation  of  this  Act  until  it  is  otherwise  suffi- 
ciently proved.  And  every  vessel,  its_  tackle,  apparatus, 
or  implements  so  seized  shall  be  given  into  the  custody  of 
the  United  States  marshal  of  either  of  the  districts  men- 
tioned in  section  three  of  this  Act,  and  shall  be  held  by 
him  subject  to  the  proceedings  provided  for  in  section 
two  of  this  Act.  The  facts  in  connection  with  such  seiz- 
ure shall  be  at  once  reported  to  the  United  States  district 
attorney  for  the  district  to  which  the  vessel  so  seized 
shall  be  taken,  whose  duty  it  shall  be  to  institute  the 
proper  proceedings. 


300  NAVIGATION    LAWS   OF    THE   UNITED   STATES. 

Sec-  5-  The  Secretary  of  Commerce  shall  have  power  to  make 

rules  and  regulations  not  inconsistent  with  law  to  carry 
into  effect  the  provisions  of  this  Act.  And  it  shall  be 
the  duty  of  the  Secretary  of  Commerce  to  enforce  the 
provisions  of  this  Act  and  the  rules  and  regulations  made 
thereunder,  and  for  that  purpose  he  may  employ,  through 
the  Secretary  of  the  Treasury  and  the  Secretary  of  the 
Navy,  the  vessels  of  the  United  States  Coast  Guard  and 
of  the  Navy:  Provided,  however,  That  nothing  contained 
in  this  Act  shall  be  construed  as  affecting  any  existing 
treaty  or  convention  between  the  United  States  and  any 
foreign  power. 


Part  XXV.— QUARANTINE  AND  BILLS  OF  HEALTH. 


320.  Penalties. 

321.  State  health  laws. 

322.  Removal  of  cargo. 

323.  Removal  of  customhouse. 

324.  National  quarantine. 


Feb.  15,   1S93. 


315.  Consular  bill  of  health. 

316.  Quarantine  regulations. 

317.  Quarantine  inspection. 

318.  Quarantine  anchorage. 

319.  Suspension  of  commerce. 

315.  Consular  bill  of  health. 

It  shall  be  unlawful  for  any  merchant  ship  or  other 
vessel  from  any  foreign  port  or  place  to  enter  any  port  of 
the  United  States  except  in  accordance  with  the  provi- 
sions of  this  act  and  with  such  rules  and  regulations  of 
State  and  municipal  health  authorities  as  may  be  made  in 
pursuance  of,  or  consistent  with,  this  act;  and  any  such 
vessel  which  shall  enter,  or  attempt  to  enter,  a  port  of  the 
United  States  in  violation  thereof  shall  forfeit  to  the 
United  States  a  sum,  to  be  awarded  in  the  discretion  of 
the  court,  not  exceeding  five  thousand  dollars,  which  shall 
be  a  lien  upon  said  vessel,  to  be  recovered  by  proceedings 
in  the  proper  district  court  of  the  United  States.  In  all 
such  proceedings  the  United  States  district  attorney  for 
such  district  shall  appear  on  behalf  of  the  United  States ; 
and  all  such  proceedings  shall  be  conducted  in  accordance 
with  the  rules  and  laws  governing  cases  of  seizure  of 
vessels  for  violation  of  the  revenue  laws  of  the  United 
States. 

Any  vessel  at  any  foreign  port  clearing  for  any  port  or  See  2# 
place  in  the  United  States  shall  be  required  to  obtain 
from  the  consul,  vice-consul,  or  other  consular  officer  of 
the  United  States  at  the  port  of  departure,  or  from  the 
medical  officer  where  such  officer  has  been  detailed  by  the 
President  for  that  purpose,  a  bill  of  health,  in  duplicate, 
in  the  form  prescribed  by  the  Secretary  of  the  Treasury, 
setting  forth  the  sanitary  history  and  condition  of  said 
vessel,  and  that  it  has  in  all  respects  complied  with  the 
rules  and  regulations  in  such  cases  prescribed  for  securing 
the  best  sanitary  condition  of  the  said  vessel,  its  cargo, 
passengers,  and  crew ;  and  said  consular  or  medical  officer 
is  required,  before  granting  such  duplicate  bill  of  health, 
to  be  satisfied  that  the  matters  and  things  therein  stated 
are  true;  and  for  his  services  in  that  behalf  he  shall  be 
entitled  to  demand  and  receive  such  fees  as  shall  by  law- 
ful regulation  be  allowed,  to  be  accounted  for  as  is  re- 
quired in  other  cases. 

301 


302  NAVIGATION    LAWS   OF    THE   UNITED    STATES. 

The  President,  in  his  discretion,  is  authorized  to  detail 
any  medical  officer  of  the  Government  to  serve  in  the  office 
of  the  consul  at  any  foreign  port  for  the  purpose  of  fur- 
nishing information  and  making  the  inspection  and  giv- 
ing the  bills  of  health  hereinbefore  mentioned.  Any 
vessel  clearing  and  sailing  from  any  such  port  without 
such  bill  of  health,  and  entering  any  port  of  the  United 
States,  shall  forfeit  to  the  United  States  not  more  than 
five  thousand  dollars,  the  amount  to  be  determined  by 
the  court,  which  shall  be  a  lien  on  the  same,  to  be  recov- 
ered by  proceedings  in  the  proper  district  court  of  the 
United  States.  In  all  such  proceedings  the  United  States 
district  attorney  for  such  district  shall  appear  on  behalf 
of  the  United  States;  and  all  such  proceedings  shall  be 
conducted  in  accordance  with  the  rules  and  laws  govern- 
Aug.  is,  1894.  ing  cases  of  seizure  of  vessels  for  violation  of  the  revenue 
laws  of  the  United  States.  The  provisions  of  this  section 
shall  not  apply  to  vessels  plying  between  foreign  ports  on 
or  near  the  frontiers  of  the  United  States  and  ports  of 
the  United  States  adjacent  thereto;  but  the  Secretary  of 
the  Treasury  is  hereby  authorized,  when,  in  his  discre- 
tion, it  is  expedient  for  the  preservation  of  the  public 
health,  to  establish  regulations  governing  such  vessels, 
sic/ A5'  1893'  Any  vessel  sailing  from  any  foreign  port  without  the 
Mar.  3,  1901.  bill  of  health  required  by  section  two  of  this  Act,  and 
arriving  within  the  limits  of  any  collection  district  of  the 
United  States,  and  not  entering  or  attempting  to  enter 
any  port  of  the  United  States,  shall  be  subject  to  such 
quarantine  measures  as  shall  be  prescribed  by  regulations 
of  the  Secretary  of  the  Treasury,  and  the  cost  of  such 
measures  shall  be  a  lien  on  said  vessel,  to  be  recovered  by 
proceedings  in  the  proper  district  court  of  the  United 
States  and  in  the  manner  set  forth  above  as  regards  ves- 
sels from  foreign  ports  without  bills  of  health  and  enter- 
ing any  port  of  the  United  States. 
316.  Quarantine  regulations. 

Feb.  3i5,  1893.  The  Surgeon- General  of  the  Public-Health  Service 
Juiy'i,  1902.  shall,  immediately  after  this  act  takes  effect,  examine 
Aug.  14,  1912.  the  quarantine  regulations  of  all  State  and  municipal 
boards  of  health,  and  shall,  under  the  direction  of  the 
Secretary  of  the  Treasury,  cooperate  with  and  aid  State 
and  municipal  boards  of  health  in  the  execution  and  en- 
forcement of  the  rules  and  regulations  of  such  boards 
and  in  the  execution  and  enforcement  of  the  rules  and 
regulations  made  by  the  Secretary  of  the  Treasury  to  pre- 
vent the  introduction  of  contagious  or  infectious  diseases 
into  the  United  States  from  foreign  countries,  and  into 
one  State  or  Territory  or  the  District  of  Columbia  from 
another  State  or  Territory  or  the  District  of  Columbia, 
and  all  rules  and  regulations  made  by  the  Secretary  of  the 
Treasury  shall  operate  uniformly  and  in  no  manner  dis- 
criminate against  any  port  or  place;  and  at  such  ports 
and  places  within  the  United  States  as  have  no  quarantine 


PART   XXV. QUARANTINE   AND   BILLS    OF    HEALTH.  303 

regulations  under  State  or  municipal  authority,  where 
such  regulations  are,  in  the  opinion  of  the  Secretary  of 
the  Treasury,  necessary  to  prevent  the  introduction  of 
contagious  or  infectious  diseases  into  the  United  States 
from  foreign  countries,  or  into  one  State  or  Territory  or 
the  District  of  Columbia  from  another  State  or  Territory 
or  the  District  of  Columbia,  and  at  such  ports  and  places 
within  the  United  States  where  quarantine  regulations 
exist  under  the  authority  of  the  State  or  municipality 
which,  in  the  opinion  of  the  Secretary  of  the  Treasury, 
are  not  sufficient  to  prevent  the  introduction  of  such  dis- 
eases into  the  United  States,  or  into  one  State  or  Terri- 
tory or  the  District  of  Columbia  from  another  State  or 
Territory  or  the  District  of  Columbia,  the  Secretary  of 
the  Treasury  shall,  if  in  his  judgment  it  is  necessary  and 
proper,  make  such  additional  rules  and  regulations  as 
are  necessary  to  prevent  the  introduction  of  such  diseases 
into  the  United  States  from  foreign  countries,  or  into 
one  State  or  Territory  or  the  District  of  Columbia  from 
another  State  or  Territory  or  the  District  of  Columbia, 
and  when  said  rules  and  regulations  have  been  made  they 
shall  be  promulgated  by  the  Secretary  of  the  Treasury 
and  enforced  by  the  sanitary  authorities  of  the  States  and 
municipalities,  where  the  State  or  municipal  health  au- 
thorities will  undertake  to  execute  and  enforce  them ;  but 
if  the  State  or  municipal  authorities  shall  fail  or  refuse 
to  enforce  said  rules  and  regulations  the  President  shall 
execute  and  enforce  the  same  and  adopt  such  measures  as 
in  his  judgment  shall  be  necessary  to  prevent  the  intro- 
duction or  spread  of  such  diseases,  and  may  detail  or  ap- 
point officers  for  that  purpose.  The  Secretary  of  the 
Treasury  shall  make  such  rules  and  regulations  as  are 
necessary  to  be  observed  by  vessels  at  the  port  of  depar- 
ture and  on  the  voyage,  where  such  vessels  sail  from  any 
foreign  port  or  place  to  any  port  or  place  in  the  United 
States,  to  secure  the  best  sanitary  condition  of  such  vessel, 
her  cargo,  passengers,  and  crew ;  which  shall  be  published 
and  communicated  to  and  enforced  by  the  consular  officers 
of  the  United  States.  None  of  the  penalties  herein  im- 
posed shall  attach  to  any  vessel  or  owner  or  officer  thereof 
until  a  copy  of  this  act,  with  the  rules  and  regulations 
made  in  pursuance  thereof,  has  been  posted  up  in  the 
office  of  the  consul  or  other  consular  officer  of  the  United 
States  for  ten  days,  in  the  port  from  which  said  vessel 
sailed;  and  the  certificate  of  such  consul  or  consular 
officer  over  his  official  signature  shall  be  competent  evi- 
dence of  such  posting  in  any  court  of  the  United  States. 

The  Secretary  of  the  Treasury  shall  from  time  to  time  g|p-515,  1893- 
issue  to  the  consular  officers  of  the  United  States  and  to 
the  medical  officers  serving  at  any  foreign  port,  and  other- 
wise made  publicly  known,  the  rules  and  regulations 
made  by  him,  to  be  used  and  complied  with  by  vessels  in 
foreign  ports,  for  securing  the  best  sanitary  condition 


304  NAVIGATION"    LAWS    OF    THE    UNITED    STATES. 

of  such  vessels,  their  cargoes,  passengers,  and  crew,  be- 
fore their  departure  for  any  port  in  the  United  States,  and 
in  the  course  of  the  voyage;  and  all  such  other  rules  and 
regulations  as  shall  be  observed  in  the  inspection  of  the 
same  on  the  arrival  thereof  at  any  quarantine  station 
at  the  port  of  destination,  and  for  the  disinfection  and 
isolation  of  the  same,  and  the  treatment  of  cargo  and 
persons  on  board,  so  as  to  prevent  the  introduction  of 
cholera,  yellow  fever,  or  other  contagious  or  infectious 
diseases ;  and  it  shall  not  be  lawful  for  any  vessel  to  enter 
said  port  to  discharge  its  cargo,  or  land  its  passengers, 
except  upon  a  certificate  of  the  health  officer  at  such  quar- 
antine station  certifying  that  said  rules  and  regulations 
have  in  all  respects  been  observed  and  complied  with,  as 
well  on  his  part  as  on  the  part  of  the  said  vessel  and  its 
master,  in  respect  to  the  same  and  to  its  cargo,  passen- 
gers, and  crew ;  and  the  master  of  every  such  vessel  shall 
produce  and  deliver  to  the  collector  of  customs  at  said 
port  of  entry,  together  with  the  other  papers  of  the  ves- 
sel, the  said  bills  of  health  required  to  be  obtained  at  the 
port  of  departure  and  the  certificate  herein  required  to 
be  obtained  from  the  health  officer  at  the  port  of  entry; 
and  that  the  bills  of  health  herein  prescribed  shall  be  con- 
sidered as  part  of  the  ship's  papers,  and  when  duly  certi- 
fied to  by  the  proper  consular  officer  or  other  officer  of  the 
United  States,  over  his  official  signature  and  seal,  shall  be 
accepted  as  evidence  of  the  statements  therein  contained 
in  any  court  of  the  United  States. 

317.  Quarantine  inspection. 

sec.  6.  On  the  arrival  of  an  infected  vessel  at  any  port  not 

provided  with  proper  facilities  for  treatment  of  the  same, 
the  Secretary  of  the  Treasury  may  remand  said  vessel,  at 
its  own  expense,  to  the  nearest  national  or  other  quaran- 
tine station,  where  accommodations  and  appliances  are 
provided  for  the  necessary  disinfection  and  treatment  of 
the  vessel,  passengers,  and  cargo ;  and  after  treatment  of 
any  infected  vessel  at  a  national  quarantine  station,  and 
after  certificate  shall  have  been  given  by  the  United 
States  quarantine  officer  at  said  station  that  the  vessel, 
cargo,  and  passengers  are  each  and  all  free  from  infec- 
tious disease,  or  danger  of  conveying  the  same,  said  ves- 
sel shall  be  admitted  to  entry  to  any  port  of  the  United 
States  named  within  the  certificate.  But  at  any  ports 
where  sufficient  quarantine  provision  has  been  made  by 
State  or  local  authorities  the  Secretary  of  the  Treasury 
may  direct  vessels  bound  for  said  ports  to  undergo  quar- 
antine at  said  State  or  local  station. 

318.  Quarantine  anchorage. 

Feb.  is,  1893.      The  Surgeon-General,  with  the  approval  of  the  Secre- 

Mar.1^,  1901.  tary  of  the  Treasury,  is  authorized  to  designate  and  mark 

the  boundaries  of  the  quarantine  grounds  and  quarantine 


PART    XXV. QUARANTINE   AND   BILLS    OP    HEALTH.  305 

anchorages  for  vessels  which  are  reserved  for  use  at  each 
United  States  quarantine  station ;  and  any  vessel  or  officer 
of  any  vessel  or  other  person,  other  than  State  or  munici- 
pal health  or  quarantine  officers,  trespassing  or  otherwise 
entering  upon  such  grounds  or  anchorages  in  disregard 
of  the  quarantine  rules  and  regulations,  or  without  per- 
mission of  the  officer  in  charge  of  such  station,  shall  be 
deemed  guilty  of  a  misdemeanor  and  subject  to  arrest, 
and  upon  conviction  thereof  be  punished  by  a  fine  of  not 
more  than  three  hundred  dollars  or  imprisonment  for  not 
more  than  one  year,  or  both,  in  the  discretion  of  the 
court.  Any  master  or  owner  of  any  vessel,  or  any  person 
violating  any  provision  of  this  Act  or  any  rule  or  regula- 
tion made  in  accordance  with  this  Act,  relating  to  inspec- 
tion of  vessels  or  relating  to  the  prevention  of  the 
introduction  of  contagious  or  infectious  diseases,  or  any 
master,  owner,  or  agent  of  any  vessel  making  a  false 
statement  relative  to  the  sanitary  condition  of  said  vessel 
or  its  contents  or  as  to  the  health  of  any  passenger  or 
person  thereon,  shall  be  deemed  guilty  of  a  misdemeanor 
and  subject  to  arrest,  and  upon  conviction  thereof  be 
punished  by  a  fine  of  not  more  than  five  hundred  dollars 
or  imprisonment  for  not  more  than  one  year,  or  both,  in 
the  discretion  of  the  court. 
319.  Suspension  of  commerce. 

Whenever  it  shall  be  shown  to  the  satisfaction  of  the  sle.?!5,  1893' 
President  that  by  reason  of  the  existence  of  cholera  or 
other  infectious  or  contagious  diseases  in  a  foreign  coun- 
try there  is  serious  danger  of  the  introduction  of  the 
same  into  the  United  States,  and  that  notwithstanding 
the  quarantine  defense  this  danger  is  so  increased  by  the 
introduction  of  persons  or  property  from  such  country 
that  a  suspension  of  the  right  to  introduce  the  same  is 
demanded  in  the  interest  of  the  public  health,  the  Presi- 
dent shall  have  power  to  prohibit,  in  whole  or  in  part, 
the  introduction  of  persons  and  property  from  such  coun- 
tries or  places  as  he  shall  designate  and  for  such  period 
of  time  as  he  may  deem  necessary. 

Whenever  it  shall  be  made  to  appear  to  the  satisfaction  Mar-  27>  189°- 
of  the  President  that  cholera,  yellow  fever,  small-pox  or 
plague  exists  in  any  State  or  Territory,  or  in  the  District 
of  Columbia,  and  that  there  is  danger  of  the  spread  of 
such  disease  into  other  States,  Territories,  or  the  District 
of  Columbia,  he  is  hereby  authorized  to  cause  the  Secre- 
tary of  the  Treasury  to  promulgate  such  rules  and  regu- 
lations as  in  his  judgment  may  be  necessary  to  prevent 
the  spread  of  such  disease  from  one  State  or  Territory 
into  another,  or  from  any  State  or  Territory  into  the  Dis- 
trict of  Columbia,  or  from  the  District  of  Columbia  into 
any  State  or  Territory,  and  to  employ  such  inspectors 
and  other  persons  as  may  be  necessary  to  execute  such 
regulations  to  prevent  the  spread  of  such  disease.  The 
143562°— 19 20 


306  NAVIGATION    LAWS   OF    THE   UNITED   STATES. 

said  rules  and  regulations  shall  be  prepared  by  the  Sur- 
juiy  l,  1902.  geon-General  of  the  Public  Health  Service  under  the 
Aug.  14,  1912.  direction  of  the  Secretary  of  the  Treasury,  and  any  per- 
son who  shall  willfully  violate  any  rule  or  regulation  so 
made  and  promulgated  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  shall  be  punished  by  a 
fine  of  not  more  than  five  hundred  dollars,  or  imprison- 
ment for  not  more  than  two  years,  or  both,  in  the  discre- 
tion of  the  court. 

320.  Penalties. 

Mar.^27,  1890.     Any  officer,  or  person  acting  as  an  officer,  or  agent  of 
Sec' 2'  the  United  States  at  any  quarantine  station,  or  other  per- 

son employed  to  aid  in  preventing  the  spread  of  such  dis- 
ease, who*  shall  willfully  violate  any  of  the  quarantine 
laws  of  the  United  States,  or  any  of  the  rules  and  regula- 
tions made  and  promulgated  by  the  Secretary  of  the 
Treasury  as  provided  for  in  section  one  of  this  act,  or  any 
lawful  order  of  his  superior  officer  or  officers,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  punished  by  a  fine  of  not  more  than  three  hun- 
dred dollars  or  imprisonment  for  not  more  than  one  year, 
or  both,  in  the  discretion  of  the  court. 
Sec- 3-  When  any  common  carrier  or  officer,  agent,  or  employee 

of  any  common  carrier  shall  willfully  violate  any  of  the 
quarantine  laws  of  the  United  States,  or  the  rules  and 
regulations  made  and  promulgated  as  provided  for  in 
section  one  of  this  act,  such  common  carrier,  officer,  agent, 
or  emploj^ee  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall,  on  conviction,  be  punished  by  a  fine  of  not  more 
than  five  hundred  dollars,  or  imprisonment  for  not  more 
than  two  years  or  both,  in  the  discretion  of  the  court. 
Aug.  l,  1888.  Whenever  any  person  shall  trespass  upon  the  grounds 
belonging  to  any  quarantine  reservation,  *  *  *  such 
person,  trespassing,  *  *  *  shall,  upon  conviction 
thereof,  pay  a  fine  of  not  more  than  three  hundred  dollars, 
or  be  sentenced  to  imprisonment  for  a  period  of  not  more 
than  thirty  days,  or  shall  be  punished  by  both  fine  and 
imprisonment,  at  the  discretion  of  the  court.  And  it 
shall  be  the  duty  of  the  United  States  attorney  in  the 
district  where  the  misdemeanor  shall  have  been  com- 
mitted to  take  immediate  cognizance  of  the  offense,  upon 
July  l,  1902  report  made  to  him  by  any  medical  officer  of  the  Public 
Aug.  4,  i  .  Healt|1  Service,  or  by*  any  officer  of  the  customs  service, 
or  by  any  State  officer  acting  under  authority  of  section 
five  of  said  act. 

321.  State  health  laws. 

r.  s.,  4792.  The  quarantines  and  other  restraints  established  by  the 

health-laws  of  any  State,  respecting  any  vessels  arriving 
in,  or  bound  to,  any  port  or  district  thereof,  shall  be  duly 
observed  by  the  officers  of  the  customs  revenue  of  the 
United  States,  by  the  masters  and  crews  of  the  several 


PART   XXV.- — QUARANTINE    AND   BILLS    OF    HEALTH.  307 

revenue-cutters,  and  by  the  military  officers  commanding 
in  any  fort  or  station  upon  the  sea-coast;  and  all  such 
officers  of  the  United  States  shall  faithfully  aid  in  the 
execution  of  such  quarantines  and  health-laws,  according 
to  their  respective  powers  and  within  their  respective 
precincts,  and  as  they  shall  be  directed,  from  time  to  time, 
by  the  Secretary  of  the  Treasury.  But  nothing  in  this 
Title  [R.  S.,  4792-4800]  shall  enable  any  State  to  collect 
a  duty  of  tonnage  or  impost  without  the  consent  of 
Congress. 
322.  Bemoval  of  cargo. 

Whenever,  by  the  health-laws  of  any  State,  or  by  the  R-  s-> 4793- 
regulations  made  pursuant  thereto,  any  vessel  arriving 
within  a.  collection-district  of  such  State  is  prohibited 
from  coming  to  the  port  of  entry  or  delivery  by  law  estab- 
lished for  such  district,  and  such  health-laws  require  or 
permit  the  cargo  of  the  vessel  to  be  unladen  at  some  other 
place  within  or  near  to  such  district,  the  collector,  after 
due  report  to  him  of  the  whole  of  such  cargo,  may  grant 
his  warrant  or  permit  for  the  unlading  and  discharge 
thereof,  under  the  care  of  the  surveyor,  or  of  one  or  more 
inspectors,  at  some  other  place  where  such  health-laws 
permit,  and  upon  the  conditions  and  restrictions  which 
shall  be  directed  by  the  Secretary  of  the  Treasury,  or 
which  such  collector  may,  for  the  time,  deem  expedient 
for  the  security  of  the  public  revenue. 

There  shall  be  purchased  or  erected,  under  the  orders  of  R-  s-> 4794- 
the  President,  suitable  warehouses,  with  wharves  and 
inclosures,  where  merchandise  may  be  unladen  and  de- 
posited, from  any  vessel  which  shall  be  subject  to  a  quar- 
antine, or  other  restraint,  pursuant  to  the  health-laws  of 
any  State,  at  such  convenient  places  therein  as  the  safety 
of  the  public  revenue  and  the  observance  of  such  health- 
laws  may  require. 

Whenever  the  cargo  of  a  vessel  is  unladen  at  some  other  R-  s.,  4795. 
place  than  the  port  of  entry  or  delivery  under  the  fore- 
going provisions,  all  the  articles  of  such  cargo  shall  be 
deposited,  at  the  risk  of  the  parties  concerned  therein,  in 
such  public  or  other  warehouses  or  inclosures  as  the  col- 
lector shall  designate,  there  to  remain  under  the  joint  cus- 
tody of  such  collector  and  of  the  owner,  or  master,  or 
other  person  having  charge  of  such  vessel,  until  the  same 
are  entirely  unladen  or  discharged,  and  until  the  articles 
so  deposited  may  be  safely  removed  without  contravening 
such  health-laws.  And  when  such  removal  is  allowed, 
the  collector  having  charge  of  such  articles  may  grant 
permits  to  the  respective  owners  or  consignees,  their  fac- 
tors or  agents,  to  receive  all  merchandise  which  has  been 
entered,  and  the  duties  accruing  upon  which  have  been 
paid,  upon  the  payment  by  them  of  a  reasonable  rate  of 
storage;  which  shall  be  fixed  by  the  Secretary  of  the 
Treasury  for  all  public  warehouses  and  inclosures. 


308  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

r.  s.,  4796.  The  Secretary  of  the  Treasury  is  authorized,  whenever 

a  conformity  to  such  quarantines  and  health-laws  re- 
quires it,  and  in  respect  to  vessels  subject  thereto,  to  pro- 
long the  terms  limited  for  the  entry  of  the  same,  and  the 
report  or  entry  of  their  cargoes,  and  to  vary  or  dispense 
with  any  other  regulations  applicable  to  such  reports  or 
entries.  No  part  of  the  cargo  of  any  vessel  shall,  how- 
ever, in  any  case,  be  taken  out  or  unladen  therefrom, 
otherwise  than  is  allowed  by  law,  or  according  to  the 
regulations  hereinafter  established. 

323.  Removal  of  customhouse. 

r.  s.,  4797.  Whenever,  by  the  prevalence  of  any  contagious  or  epi- 

demic disease  in  or  near  the  place  by  law  established  as 
the  port  of  entry  for  any  collection-district,  it  becomes 
dangerous  or  inconvenient  for  the  officers  of  the  revenue 
employed  therein  to  continue  the  discharge  of  their  re- 
spective offices  at  such  port,  the  Secretary  of  the  Treas- 
ury, or,  in  his  absence,  the  Comptroller,  may  direct  the 
removal  of  the  officers  of  the  revenue  from  such  port  to 
any  other  more  convenient  place,  within,  or  as  near  as 
may  be  to,  such  collection-district.  And  at  such  place 
such  officers  may  exercise  the  same  powers,  and  shall  be 
liable  to  the  same  duties,  according  to  existing  circum- 
stances, as  in  the  port  or  district  established  by  law. 
Public  notice  of  any  such  removal  shall  be  given  as  soon 
as  may  be. 

324.  National  quarantine. 
The  Secretary  of  the  Treasury  shall  have  the  control, 

direction,  and  management  of  all  quarantine  stations, 
grounds,  and  anchorages  established  by  authority  of  the 
United  States,  and  as  soon  as  practicable  after  the  ap- 
proval of  this  Act  shall  select  and  designate  such  suitable 
places  for  them  and  establish  the  same  at  such  points  on 
or  near  the  coast  line  of  the  United  States  or  the  border 
of  the  United  States  and  a  foreign  country,  as  in  his  judg- 
ment are  best  suited  for  the  same  and  necessary  to  pre- 
vent the  introduction  of  yellow  fever  into  the  United 
States,  and,  in  his  discretion,  he  may  also  establish  at  the 
group  of  islands  known  as  the  Dry  Tortugas,  at  the 
western  end  of  the  Florida  reef,  and  at  such  other  point 
or  points  on  or  near  the  coast  line  of  the  United  States 
(not  to  exceed  four  in  the  aggregate)  as  he  deems  neces- 
sary, quarantine  grounds,  stations,  and  anchorages, 
whereat  or  whereto  infected  vessels  bound  for  any  port 
in  the  United  States  may  be  detained  or  sent  for  the 
purpose  of  being  disinfected,  having  their  cargoes  disin- 
fected and  discharged,  if  necessary,  and  their  sick  treated 
in  hospitals  until  all  danger  of  infection  or  contagion 
from  such  vessels,  their  cargoes,  passengers,  or  crews  has 
been  removed. 

On  acquiring  possession  of  any  land   and  water  in 
accordance  with  the  provisions  of  this  Act  for  the  purpose 


June  19,  1906. 


PART  XXV. QUARANTINE   AND  BILLS   OF   HEALTH.  309 

of  establishing  thereat  a  quarantine  station  and  anchor- 
age, the  Secretary  of  the  Treasury  shall  cause  to  be  pub- 
lished in  such  newspapers  as  he  may  think  proper,  once  a 
week  for  four  successive  weeks,  a  notice  of  the  selection 
and  designation  of  such  places  for  quarantine  stations 
and  anchorages,  with  a  description  of  the  boundaries  of 
such  quarantine  stations  and  anchorages,  and  such  rules 
and  regulations  as  he  shall  adopt  and  promulgate,  requir- 
ing vessels  with  yellow  fever  among  their  passengers  or 
crews  to  go  to  specified  quarantine  stations  and  anchor- 
ages, to  be  dealt  with  there  before  visiting  any  port  of  the 
United  States.  He  shall  establish  at  such  quarantine 
stations  and  anchorages  all  necessary  instrumentalities 
for  disinfecting  vessels  and  their  cargoes,  and  where  the 
same  shall  be  required  shall  erect  the  necessary  hospital 
buildings  and  install  the  necessary  furniture  and  fittings 
for  receiving  and  treating  the  sick  among  the  passengers 
and  crews  of  vessels  going  to  such  quarantine  stations 
and  anchorages,  and  provide  for  the  separation  of  those 
among  their  passengers  and  crews  who  are  suffering  from 
yellow  fever  from  those  who  are  in  good  health,  and  shall 
further  provide  for  doing  all  things  necessary  to  eradicate 
such  disease  from  such  vessels,  their  cargoes,  Dassengers, 
and  crews. 

Any  vessel,  or  any  officer  of  any  vessel,  or  other  person  sec.  4. 
other  than  State  health  or  quarantine  officers,  entering 
within  the  limits  of  any  quarantine  grounds  and  anchor- 
ages, or  any  quarantine  station  and  anchorage,  or  depart- 
ing therefrom,  in  disregard  of  the  quarantine  rules  and 
regulations  or  without  the  permission  of  the  officer  in 
charge  of  such  quarantine  ground  and  anchorage,  or  of 
such  quarantine  station  and  anchorage,  shaU  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  more  than  three  hun- 
dred dollars  or  by  imprisonment  for  not  more  than  one 
year,  or  both,  in  the  discretion  of  the  court.  That  any 
master  or  owner  of  any  vessel  violating  any  provision  of 
this  Act,  or  any  provision  of  an  Act  entitled  "An  Act 
granting  additional  powers  and  imposing  additional 
duties  on  the  Marine-Hospital  Service,"  approved  Feb- 
ruary fifteenth,  eighteen  hundred  and  ninety-three,  or 
violating  any  rule  or  regulation  made  in  accordance  with 
this  Act  or  said  Act  of  February  fifteenth,  eighteen  hun- 
dred and  ninety-three,  relating  to  the  inspection  of  ves- 
sels, or  to  the  prevention  of  the  introduction  of  contagious 
or  infectious  diseases  into  the  United  States,  or  any  mas- 
ter, owner,  or  agent  of  any  vessel  making  a  false  state- 
ment relative  to  the  sanitary  condition  of  such  vessel  or 
its  contents,  or  as  to  the  health  of  any  passenger  or  per- 
son thereon  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  punished  by  a  fine  of  not 
more  than  five  hundred  dollars  or  imprisonment  for  not 
more  than  one  year,  or  both,  in  the  discretion  of  the  court. 


310  NAVIGATION    LAWS   OF    THE   UNITED   STATES. 

Sec-5-  In  any  place  where  a  quarantine  station  and  plant  is 

already  established  by  State  or  local  authorities  it  shall 
be  the  duty  of  the  Secretary  of  the  Treasury,  before 
selecting  and  designating  a  quarantine  station  and 
grounds  and  anchorage  for  vessels,  to  examine  such  estab- 
lished stations  and  plants,  with  a  view  of  obtaining  a 
transfer  of  the  site  and  plants  to  the  United  States,  and 
whenever  the  proper  authorities  shall  be  ready  to  transfer 
the  same  or  surrender  the  use  thereof  to  the  United  States, 
the  Secretary  of  the  Treasury  is  authorized  to  obtain  title 
thereto  or  possession  and  use  thereof,  and  to  pay  a  reason- 
able compensation  therefor,  if,  in  his  opinion,  such  pur- 
chase or  use  will  be  necessary  to  the  United  States  for 
quarantine  purposes  and  the  quarantine  stations  estab- 
lished by  authority  of  this  Act  shall,  when  so  established, 
be  used  to  prevent  the  introduction  of  all  quarantinable 
diseases. 


Part  XXVI.— IMMIGRATION. 


(For  the  immigration  act  of  Feb.  5,  1917,  apply  to  the  Commissioner  General  of  Immi- 
gration, Department  of  Labor,  Washington,  D.  C.) 


331.  Anarchists. 

332.  Foreign  officials. 

333.  Miscellaneous. 

334.  Immigration  to  Philippines. 

335.  Registry    and    naturalization    of 
immigrants. 


325.  Head  tax. 

326.  Definition  of  "  seaman." 

327.  Fraudulent  entry  of  immigrants 

as  seamen. 

328.  Diseased  immigrants. 

329.  Illegal  landing. 

330.  Readmission  of  aliens  who  served 

in  armies  of  cobelligerents  of 
the  United  States. 

325.  Head  tax. 

All  head  tax  collected  pursuant  to  the  provisions  of  Mar-  4> 
section  one  of  the  said  Act  of  February  twentieth,  nine- 
teen hundred  and  seven,  together  with  all  fines,  rentals 
collected,  and  moneys  received  from  other  sources  under 
the  laws  regulating  the  immigration  of  aliens  into  the 
United  States,  shall  be  covered  into  the  Treasury  to  the 
credit  of  miscellaneous  receipts. 

326.  Definition  of  "  seaman." 

*     *     *     The  term  "  seaman  "  as  used  in  this  Act  shall    g*-  f< 
include  every  person  signed  on  the  ship's  articles  and  em- 
ployed in  any  capacity  on  board  any  vessel  arriving  in 
the'United  States  from  any  foreign  port  or  place. 

327.  Fraudulent  entry  of  immigrants  as  seamen. 

Any  person,  including  the  owner,  agent,  consignee,  or  sec.  n. 
master  of  any  vessel  arriving  in  the  United  States  from 
any  foreign  port  or  place,  who  shall  knowingly  sign  on 
the  ship's  articles,  or  bring  to  the  United  States  as  one  of 
the  crew  of  such  vessel,  any  alien,  with  intent  to  permit 
such  alien  to  land  in  the  United  States  in  violation  of  the 
laws  and  treaties  of  the  United  States  regulating  the 
immigration  of  aliens,  or  who  shall  falsely  and  know- 
ingly represent  to  the  immigration  authorities  at  the 
port  of  arrival  that  any  such  alien  is  a  bona  fide  member 
of  the  crew,  shall  be  liable  to  a  penalty  not  exceeding 
$5,000,  for  which  sum  the  said  vessel  shall  be  liable  and 
may  be  seized  and  proceeded  against  by  way  of  libel  in 
any  district  court  of  the  United  States  having  jurisdic- 
tion of  the  offense. 

No  alien  excluded  from  admission  into  the  United  sec.  32. 
States  by  any  law,  convention,  or  treaty  of  the  United 
States  regulating  the  immigration  of  aliens,  and  employed 
on  board  any  vessel  arriving  in  the  United  States  from 
any  foreign  port  or  place,  shall  be  permitted  to  land  in 
the  United  States,  except  temporarily  for  medical  treat- 

311 


312  NAVIGATION  LAWS  OF  THE   UNITED  STATES. 

ment,  or  pursuant  to  regulations  prescribed  by  the  Sec- 
retary of  Labor  providing  for  the  ultimate  removal  or 
deportation  of  such  alien  from  the  United  States,  and  the 
negligent  failure  of  the  owner,  agent,  consignee,  or  mas- 
ter of  such  vessel  to  detain  on  board  any  such  alien  after 
notice  in  writing  by  the  immigration  officer  in  charge  at 
the  port  of  arrival,  and  to  deport  such  alien,  if  required 
by  such  immigration  officer  or  by  the  Secretary  of  Labor, 
shall  render  such  owner,  agent,  consignee,  or  master  liable 
to  a  penalty  not  exceeding  $1,000,  for  which  sum  the  said 
vessel  shall  be  liable,  and  may  be  seized  and  proceeded 
against  by  way  of  libel  in  any  district  court  of  the  United 
States  having  jurisdiction  of  the  offense. 

sec.  33.  it  shall  be  unlawful  and  be  deemed  a  violation  of  the 

preceding  section  to  pay  off  or  discharge  any  alien  em- 
ployed on  board  any  vessel  arriving  in  the  United  States 
from  any  foreign  port  or  place,  unless  duly  admitted  pur- 
suant to  the  laws  and  treaties  of  the  United  States  regu- 
lating the  immigration  of  aliens:  Provided,  That  in  case 
any  such  alien  intends  to  reship  on  board  any  other  ves- 
sel bound  to  any  foreign  port  or  place,  he  shall  be  allowed 
to  land  for  the  purpose  of  so  reshipping,  under  such 
regulations  as  the  Secretary  of  Labor  may  prescribe  to 
prevent  aliens  not  admissible  under  any  law,  convention, 
or  treaty  from  remaining  permanently  in  the  United 
States,  and  may  be  paid  off,  discharged,  and  permitted  to 
remove  his  effects,  anything  in  such  laws  or  treaties  or  in 
this  Act  to  the  contrary  notwithstanding,  provided  due 
notice  of  such  proposed  action  be  given  by  the  master  or 
the  seaman  himself  to  the  principal  immigration  officer 
in  charge  at  the  port  of  arrival. 

sec.  34.  Any  alien  seaman  who  shall  land  in  a  port  of  the 

United  States  contrary  to  the  provisions  of  this  Act  shall 
be  deemed  to  be  unlawfully  in  the  United  States,  and 
shall,  at  any  time  within  three  years  thereafter,  upon  the 
warrant  of  the  Secretary  of  Labor,  be  taken  into  custody 
and  brought  before  a  board  of  special  inquiry  for  exami- 
nation as  to  his  qualifications  for  admission  to  the  LTnited 
States,  and  if  not  admitted  said  alien  seaman  shall  be 
deported  at  the  expense  of  the  appropriation  for  this  Act 
as  provided  in  section  twenty  of  this  Act. 
328.   Diseased  immigrants. 

Sec.  35.  It  shall  be  unlawful  for  any  vessel  carrying  passengers 

between  a  port  of  the  United  States  and  a  port  of  a  for- 
eign country,  upon  arrival  in  the  United  States,  to  have 
on  board  employed  thereon  any  alien  afflicted  with  idiocy, 
imbecility,  insanity,  epilepsy,  tuberculosis  in  any  form, 
or  a  loathsome  or  dangerous  contagious  disease,  if  it  ap- 
pears to  the  satisfaction  of  the  Secretary  of  Labor,  from 
an  examination  made  by  a  medical  officer  of  the  United 
States  Public  Health  Service,  and  is  so  certified  by  such 
officer,  that  any  such  alien  was  so  afflicted  at  the  time 
he  was  shipped  or  engaged  and  taken  on  board  such  ves- 


Sec  36. 


PART    XXVI. IMMIGRATION.  313 

sel  and  that  the  existence  of  such  affliction  might  have 
been  detected  by  means  of  a  competent  medical  exami- 
nation at  such  time;  and  for  every  such  alien  so  afflicted 
on  board  any  such  vessel  at  the  time  of  arrival  the  owner, 
agent,  consignee,  or  master  thereof  shall  pay  to  the  col- 
lector of  customs  of  the  customs  district  in  which  the 
port  of  arrival  is  located  the  sum  of  $50,  and  pending 
departure  of  the  vessel  the  alien  shall  be  detained  and 
treated  in  hospital  under  supervision  of  immigration  offi- 
cials at  the  expense  of  the  vessel ;  and  no  vessel  shall  be 
granted  clearance  pending  the  determination  of  the  ques- 
tion of  the  liability  to  the  payment  of  such  fine  and  while 
it  remains  unpaid:  Provided,  That  clearance  may  be 
granted  prior  to  the  determination  of  such,  question  upon 
the  deposit  of  a  sum  sufficient  to  cover  such  fine:  Pro- 
vided further,  That  such  fine  may,  in  the  discretion  of 
the  Secretary  of  Labor,  be  mitigated  or  remitted. 
329.  Illegal  landing. 

Upon  arrival  of  any  vessel  in  the  United  States  from 
any  foreign  port  or  place  it  shall  be  the  duty  of  the 
owner,  agent,  consignee,  or  master  thereof  to  deliver  to 
the  principal  immigration  officer  in  charge  of  the  port  of 
arrival  lists  containing  the  names  of  all  aliens  employed 
on  such  vessel,  stating  the  positions  they  respectively  hold 
in  the  ship's  company,  when  and  where  they  were  respec- 
tively shipped  or  engaged,  and  specifying  those  to  be  paid 
off  and  discharged  in  the  port  of  arrival;  or  lists  con- 
taining so  much  of  such  information  as  the  Secretary  of 
Labor  shall  by  regulation  prescribe ;  and  after  the  arrival 
of  any  such  vessel  it  shall  be  the  duty  of  such  owner, 
agent,  consignee,  or  master  to  report  to  such  immigration 
officer,  in  writing,  as  soon  as  discovered,  all  cases  in  which 
any  such  alien  has  illegally  landed  from  the  vessel,  giv- 
ing a  description  of  such  alien,  together  with  any  infor- 
mation likely  to  lead  to  his  apprehension ;  and  before  the 
departure  of  any  such  vessel  it  shall  be  the  duty  of  such 
owner,  agent,  consignee,  or  master  to  deliver  to  such  im- 
migration officer  a  further  list  containing  the  names  of 
all  alien  employees  who  were  not  employed  thereon  at 
the  time  of  the  arrival  but  who  will  leave  port  thereon 
at  the  time  of  her  departure,  and  also  the  names  of  those, 
if  any,  who  have  been  paid  off  and  discharged,  and  of 
those,  if  any,  who  have  deserted  or  landed;  and  in  case 
of  the  failure  of  such  owner,  agent,  consignee,  or  master 
so  to  deliver  either  of  the  said  lists  of  such  aliens  arriv- 
ing and  departing,  respectively,  or  so  to  report  such  cases 
of  desertion  or  landing,  such  owner,  agent,  consignee,  or 
master  shall,  if  required  by  the  Secretary  of  Labor,  pay 
to  the  collector  of  customs  of  the  customs  district  in  which 
the  port  of  arrival  is  located  the  sum  of  $10  for  each 
alien  concerning  whom  correct  lists  are  not  delivered  or 
a  true  report  is  not  made  as  above  required ;  and  no  such 
vessel  shall  be  granted  clearance  pending  the  determina- 


314  NAVIGATION   LAWS  OF   THE   UNITED  STATES. 

tion  of  the  question  of  the  liability  to  the  payment  of 
such  fine,  and,  in  the  event  such  fine  is  imposed,  while  it 
remains  unpaid;  nor  shall  such  fine  be  remitted  or  re- 
funded: Provided,  That  clearance  may  be  granted  prior 
to  the  determination  of  such  question  upon  deposit  of  a 
sum  sufficient  to  cover  such  fine. 

330.  Readmission  of  aliens  who  served  in  armies   of  cobel- 

ligerents  of  the  United  States. 
June  29, 1918.  Notwithstanding  the  provisions  of  section  three  of  the 
immigration  Act  of  February  fifth,  nineteen  hundred  and 
seventeen,  excluding  from  the  United  States  aliens  who 
are  likely  to  become  a  public  charge,  or  who  are  physically 
defective,  or  who  are  contract  laborers,  or  who  have  come 
in  consequence  of  advertisements  for  labor  printed,  pub- 
lished, or  distributed  in  a  foreign  country,  or  who  are 
assisted  by  others  to  come,  or  whose  ticket  or  passage  is 
paid  for  with  the  money  of  another  or  by  any  corpora- 
tion, association,  society,  municipality,  or  foreign  gov- 
ernment, or  who  are  stowaways,  or  who  are  illiterate, 
aliens  lawfully  resident  in  the  United  States  when  here- 
tofore or  hereafter  enlisted  or  conscripted  for  the  military 
service  of  the  United  States ;  and  aliens  lawfully  resident 
in  the  United  States  who,  prior  to  April  sixth,  nineteen 
hundred  and  seventeen,  declared  their  intention  to  become 
citizens  of  the  United  States,  and  who  have  enlisted  for 
service  with  Czecko-Slovak,  Polish,  or  other  independent 
forces  attached  to  the  United  States  Army  or  to  the  army 
of  any  one  of  the  cobelligerents  of  the  United  States  in 
the  present  war,  who  may,  within  one  year  after  the  ter- 
mination of  the  war,  apply  for  readmission  to  this  coun- 
try, after  being  honorably  discharged  or  granted  fur- 
lough abroad  by  the  proper  military  authorities,  or  after 
being  rejected  on  final  examination  in  connection  with 
their  enlistment  or  conscription,  shall  be  readmitted ;  and 
that  any  alien  of  either  of  the  two  foregoing  descriptions 
who  would  otherwise  be  excluded  under  said  section  of 
the  immigration  Act  on  the  ground  that  he  is  idiotic,  im- 
becile, feeble-minded,  epileptic,  insane,  or  has  had  one  or 
more  attacks  of  insanity,  or  on  the  ground  that  he  is  af- 
flicted with  constitutional  psychopathic  inferiority,  tu- 
berculosis, a  loathsome  or  dangerous  contagious  disease, 
or  mental  defect,  shall  be  readmitted  if  it  is  proved  that 
the  disability  was  acquired  while  the  alien  was  serving 
in  the  military  forces  of  the  United  States  or  in  an  in- 
dependent force  of  the  kind  hereinbefore  described,  if 
such  alien  returns  to  a  port  of  the  United  States  within 
one  year  after  the  termination  of  the  war ;  and  that  the 
head  tax  provided  in  the  immigration  Act  of  February 
fifth,  nineteen  hundred  and  seventeen,  shall  not  be  col- 
lected from  aliens  readmitted  into  the  United  States  un- 
der the  provisions  of  this  resolution. 

331.  Anarchists. 

Oct.  i6,  1918.     Aliens  who  are  anarchists;  aliens  who  believe  in  or 
advocate  the  overthrow  bv  force  or  violence  of  the  Gov- 


PART    XXVI. IMMIGRATION.  315 

ernment  of  the  United  States  or  of  all  forms  of  law; 
aliens  who  disbelieve  in  or  are  opposed  to  all  organized 
government;  aliens  who  advocate  or  teach  the  assassina- 
tion of  public  officials;  aliens  who  advocate  or  teach  the 
unlawful  destruction  of  property;  aliens  who  are  mem- 
bers of  or  affiliated  with  any  organization  that  entertains 
a  belief  in,  teaches,  or  advocates  the  overthrow  by  force 
or  violence  of  the  Government  of  the  United  States  or  of 
all  forms  of  law,  or  that  entertains  or  teaches  disbelief 
in  or  opposition  to  all  organized  government,  or  that  ad- 
vocates the  duty,  necessity,  or  propriety  of  the  unlawful 
assaulting  or  killing  of  any  officer  or  officers,  either  of 
specific  individuals  or  of  officers  generally,  of  the  Govern- 
ment of  the  United  States  or  of  any  other  organized  gov- 
ernment, because  of  his  or  their  official  character,  or  that 
advocates  or  teaches  the  unlawful  destruction  of  property 
shall  be  excluded  from  admission  into  the  United  States. 

That  any  alien  who,  at  any  time  after  entering  the  sec.  2. 
United  States,  is  found  to  have  been  at  the  time  of  entry, 
or  to  have  become  thereafter,  a  member  of  any  one  of 
the  classes  of  aliens  enumerated  in  section  one  of  this 
Act,  shall,  upon  the  warrant  of  the  Secretary  of  Labor, 
be  taken  into  custody  and  deported  in  the  manner  pro- 
vided in  the  immigration  Act  of  February  fifth,  nineteen 
hundred  and  seventeen.  The  provisions  of  this  section 
shall  be  applicable  to  the  classes  of  aliens  mentioned  in 
this  Act  irrespective  of  the  time  of  their  entry  into  the 
United  States. 

That  any  alien  who  shall,  after  he  has  been  excluded  Se&  3- 
and  deported  or  arrested  and  deported  in  pursuance  of 
the  provisions  of  this  Act,  thereafter  return  to  or  enter  the 
United  States  or  attempt  to  return  to  or  to  enter  the 
United  States  shall  be  deemed  guilty  of  a  felony^  and 
upon  conviction  thereof  shall  be  punished  by  imprison- 
ment for  a  term  of  not  more  than  five  years;  and  shall, 
upon  the  termination  of  such  imprisonment,  be  taken 
into  custody,  upon  the  warrant  of  the  Secretary  of  Labor, 
and  deported  in  the  manner  provided  in  the  immigration 
Act  of  February  fifth,  nineteen  hundred  and  seventeen. 

332.  Foreign  officials. 

Nothing  in  this  Act  shall  be  construed  to  apply  to    Sec-  «• 
accredited  officials  of  foreign  governments  nor  to  their 
suites,  families,  or  guests. 

333.  Miscellaneous. 

All  steamship  or  transportation  companies,  and  other  ««•  ^  1893- 
owners  of  vessels,  regularly  engaged  in  transporting  alien  Feb.  u,  1903. 
immigrants  to  the  United  States,  shall  twice  a  year  file 
a  certificate  with  the  Secretary  of  Labor  tha,t  they  have 
furnished  to  be  kept  conspicuously  exposed  to  view  in 
the  office  of  each  of  their  agents  in  foreign  countries  au- 
thorized to  sell  emigrant  tickets,  a  copy  of  the  law  of 
March  third,  eighteen  hundred  and  ninety-one,  and  of 
all  subsequent  laws  of  this  country  relative  to  immigra- 


Sec.  7. 


316  NAVIGATION   LAWS   OF   THE   UNITED  STATES. 

tion,  printed  in  large  letters,  in  the  language  of  the  coun- 
try whore  the  copy  of  the  law  is  to  be  exposed  to  view, 
and  that  they  have  instructed  their  agents  to  call  the  at- 
tention thereto  of  persons  contemplating  emigration  be- 
fore selling  tickets  to  them ;  and  in  case  of  the  failure 
for  sixty  days  of  any  such  company  or  any  such  owners  to 
file  such  a  certificate,  or  in  case  they  file  a  false  certificate, 
they  shall  pay  a  fine  of  not  exceeding  five  hundred  dol- 
lars, to  be  recovered  in  the  proper  United  States  court, 
and  said  fine  shall  also  be  a  lien  upon  any  vessel  of  said 
company  or  owners  found  within  the  United  States, 
sec.'  I.6'  1885'  -^  contracts  or  agreements,  expressed  or  implied, 
parol  or  special,  which  may  hereafter  be  made  by  and  be- 
tween any  person,  company,  partnership,  or  corporation, 
and  any  foreigner  or  foreigners,  alien  or  aliens,  to  per- 
form labor  or  service  or  having  reference  to  the  perform- 
ance of  labor  or  service  by  any  person  in  the  United 
*  States,  its  Territories,  or  the  District  of  Columbia,  pre- 
vious to  the  migration  or  importation  of  the  person  or 
persons  whose  labor  or  service  is  contracted  for  into  the 
United  States,  shall  be  utterly  void  and  of  no  effect. 

334.  Immigration  to  Philippines. 

Feb.  e,  1905.  The  immigration  laws  of  the  United  States  in  force  in 
the  Philippine  Islands  shall  be  administered  by  the  of- 
ficers of  the  general  government  thereof  designated  by 
appropriate  legislation  of  said  government,  and  all 
moneys  collected  under  said  laws  as  duty  or  head  tax  on 
alien  immigrants  coming  into  said  islands  shall  not  be 
covered  into  the  general  fund  of  the  Treasury  of  the 
United  States,  but  shall  be  paid  into  the  treasury  of  said 
islands  to  be  used  and  expended  for  the  government  and 
benefit  of  said  islands. 

335.  Registry  and  naturalization  of  immigrants. 

June  29, 1906.  The  designation  of  the  Bureau  of  Immigration  in  the 
Department  of  Labor  is  hereby  changed  to  the  "  Bureau 
of  Immigration  and  Naturalization,"  which  said  Bureau, 
under  the  direction  and  control  of  the  Secretary  of  Labor, 
in  addition  to  the  duties  now  provided  by  law,  shall  have 
charge  of  all  matters  concerning  the  naturalization  of 
aliens.  That  it  shall  be  the  duty  of  the  said  Bureau  to 
provide,  for  use  at  the  various  immigration  stations 
throughout  the  United  States,  books  of  record,  wherein 
the  commissioners  of  immigration  shall  cause  a  registry 
to  be  made  in  the  case  of  each  alien  arriving  in  the  United 
States  from  and  after  the  passage  of  this  Act  of  the  name, 
age,  occupation,  personal  description  (including  height, 
complexion,  color  of  hair  and  eyes),  the  place  of  birth, 
the  last  residence,  the  intended  place  of  residence  in  the 
United  States,  and  the  date  of  arrival  of  said  alien,  and. 
if  entered  through  a  port,  the  name  of  the  vessel  in  which 
he  comes.  And  it  shall  be  the  duty  of  said  commissioners 
of  immigration  to  cause  to  be  granted  to  such  alien  a  cer- 
tificate of  such  registry,  with  the  particulars  thereof. 


Part  XXVII.— OCEAN  MAIL  SERVICE. 


347.  Ocean  mail  act  of  1891.  |  348.  General  ocean  mail  service. 

347.  Ocean  mail  act  of  1891. 

The  Postmaster-General  is  hereby  authorized  and  em-  Mar-  3>  1891- 
powered  to  enter  into  contracts  for  a  term  not  less  than 
five  nor  more  than  ten  years  in  duration,  with  American 
citizens  for  the  carrying  of  mails  on  American  steam- 
ships, between  ports  of  the  United  States  and  such  ports 
in  foreign  countries,  the  Dominion  of  Canada  excepted, 
as  in  his  judgment  will  best  subserve  and  promote  the 
postal  and  commercial  interests  of  the  United  States,  the 
mail  service  on  such  lines  to  be  equitably  distributed 
among  the  Atlantic,  Mexican  Gulf  and  Pacific  ports. 
Said  contracts  shall  be  made  with  the  lowest  responsible 
bidder  for  the  performance  of  said  service  on  each  route, 
and  the  Postmaster-General  shall  have  the  right  to  reject 
all  bids  not  in  his  opinion  reasonable  for  the  attaining 
of  the  purposes  named. 

Before  making  any  contracts  for  carrying  ocean  mails  Sec-  2- 
in  accordance  with  this  act  the  Postmaster-General  shall 
give  public  notice  by  advertising  once  a  week,  for  three 
months,  in  such  daily  papers  as  he  shall  select  in  each  of 
the  cities  of  Boston,  New  York,  Philadelphia,  Baltimore, 
New  Orleans,  Saint  Louis,  Charleston,  Norfolk,  Savan- 
nah, Galveston  and  Mobile,  and  when  the  proposed  serv- 
ice is  to  be  on  the  Pacific  Ocean,  then  in  San  Francisco, 
Tacoma  and  Portland.  Such  notice  shall  describe  the 
route,  the  time  when  such  contract  will  be  made,  the 
duration  of  the  same,  the  size  of  the  steamers  to  be  used, 
the  number  of  trips  a  year,  the  times  of  sailing,  and  the 
time  when  the  service  shall  commence,  which  shall  not  be 
more  than  three  years  after  the  contract  shall  be  let.  The 
details  of  the  mode  of  advertising  and  letting  such  con- 
tracts shall  be  conducted  in  the  manner  prescribed  in 
chapter  eight  of  title  fR.  S.,  2941-2963]  forty-six  of  the 
Revised  Statutes  for  the  letting  of  inland  mail  contracts 
so  far  as  the  same  shall  be  applicable  to  the  ocean  mail 
service. 

The  vessels  employed  in  the  mail  service  under  the  pro-  g^fg3,  1891- 
visions  of  this  Act  shall  be  steamships,  owned  and  offi-  r.  s.,4132. 
cered  by  American  citizens,  in  conformity  with  the  exist-  iecf sf4'  1912' 
ing  laws,  or  so  owned  and  officered  and  registered  accord-  Aue- 18> 1914- 

317 


318  NAVIGATION    LAWS   OF    THE   UNITED   STATES. 

ing  to  law,  and  upon  each  departure  from  the  United 
States  the  following  proportion  of  the  crew  shall  be  citi- 
zens of  the  United  States,  to  wit:  During  the  first  two 
years  of  such  contract  for  carrying  the  mails,  one-fourth 
thereof;  during  the  next  three  succeeding  years,  one-third 
thereof;  and  during  the  remaining  time  of  the  continu- 
ance of  such  contract  at  least  one-half  thereof ;  and  shall 
be  constructed  after  the  latest  and  most  approved  types, 
with  all  the  modern  improvements  and  appliances  for 
ocean  steamers. 

They  shall  be  divided  into  four  classes.  The  first  shall 
be  iron  or  steel  screw  steamships,  capable  of  maintaining 
a  speed  of  twenty  knots  an  hour  at  sea  in  ordinary 
weather,  and  of  a  gross  registered  tonnage  of  not  less  than 
eight  thousand  tons.  No  vessel  except  of  said  first  class 
shall  be  accepted  for  said  mail  service  under  the  provi- 
sions of  this  act  between  the  United  States  and  Great 
Britain.  The  second  class  shall  be  iron  or  steel  steam- 
ships, capable  of  maintaining  a  speed  of  sixteen  knots  an 
hour  at  sea  in  ordinary  weather,  and  of  a  gross  registered 
tonnage  of  not  less  than  five  thousand  tons.  The  third 
class  shall  be  iron  or  steel  steamships,  capable  of  main- 
taining a  speed  of  fourteen  knots  an  hour  at  sea  in  ordi- 
nary weather,  and  of  a  gross  registered  tonnage  of  not 
less  than  two  thousand  five  hundred  tons.  The  fourth 
class  shall  be  iron  or  steel  or  wooden  steam-ships,  capable 
of  maintaining  a  speed  of  twelve  knots  an  hour  at  sea  in 
ordinary  weather,  and  of  a  gross  registered  tonnage  of 
not  less  than  fifteen  hundred  tons.  It  shall  be  stipulated 
in  the  contract  or  contracts  to  be  entered  into  for  the  said 
mail  service  that  said  vessels  may  carry  passengers  with 
their  baggage  in  addition  to  said  mails  and  may  do  all 
ordinary  business  done  by  steam-ships. 
s*c-  •*•  All  steamships  of  the  first,  second,  and  third  classes 

employed  as  above  and  hereafter  built  shall  be  constructed 
with  particular  reference  to  prompt  and  economical  con- 
version into  auxiliary  naval  cruisers,  and  according  to 
plans  and  specifications  to  be  agreed  upon  by  and  between 
the  owners  and  the  Secretary  of  the  Navy,  and  they  shall 
be  of  sufficient  strength  and  stability  to  carry  and  sustain 
the  working  and  operation  of  at  least  four  effective  rifled 
cannon  of  a  caliber  of  not  less  than  six  inches,  and  shall 
be  of  the  highest  rating  known  to  maritime  commerce. 
And  all  vessels  of  said  three  classes  heretofore  built  and 
so  employed  shall,  before  they  are  accepted  for  the  mail 
service  herein  provided  for,  be  thoroughly  inspected  by  a 
competent  naval  officer  or  constructor  detailed  for  that 
service  by  the  Secretary  of  the  Navy;  and  such  officer 
shall  report,  in  writing,  to  the  Secretary  of  the  Navy,  who 
shall  transmit  said  report  to  the  Postmaster-General; 
and  no  such  vessel  not  approved  by  the  Secretary  of  the 
Navy  as  suitable  for  the  service  required  shall  be  em- 
ployed by  the  Postmaster-General  as  provided  for  in  this 
act. 


PART   XXVII. OCEAN    MAIL    SERVICE.  319 

The  rate  of  compensation  to  be  paid  for  such  ocean  Sec-5- 
mail  service  of  the  said  first-class  ships  shall  not  exceed 
the  sum  of  four  dollars  a  mile,  and  for  the  second-class 
ships  two  dollars  a  mile,  by  the  shortest  practicable  route, 
for  each  outward  voyage;  for  the  third-class  ships  not  to 
exceed  one  dollar  a  mile,  and  for  the  fourth-class  ships 
two-thirds  of  one  dollar  a  mile,  for  the  actual  number  of 
miles  required  by  the  Post  Office  Department  to  be  trav- 
eled on  each  outward  bound  voyage:  Provided,  That  in 
the  case  of  failure  from  any  cause  to  perform  the  regular 
voyages  stipulated  for  in  said  contracts  or  any  of  them,  a 
pro  rata  deduction  shall  be  made  from  the  compensation 
on  account  of  such  omitted  voyage  or  voyages;  and  that 
suitable  fines  and  penalties  may  be  imposed  for  delays  or 
irregularities  in  the  due  performance  of  service  accord- 
ing to  the  contract,  to  be  determined  by  the  Postmaster- 
General :  Provided  further,  That  no  steamship  so  em- 
ployed and  so  paid  for  carrying  the  United  States  mails 
shall  receive  any  other  bounty  or  subsidy  from  the  Treas- 
ury of  the  United  States. 

Upon  each  of  said  vessels  the  United  States  shall  be  sec.6. 
entitled  to  have  transported,  free  of  charge,  a  mail-mes- 
senger, whose  duty  it  shall  be  to  receive,  sort,  take  in 
charge  and  deliver  the  mails  to  and  from  the  United 
States,  and  who  shall  be  provided  with  suitable  room 
for  the  accommodation  of  himself  and  the  mails. 

The  officers  of  the  United  States  Navy  may  volunteer  Sec.  7. 
for  service  on  said  mail  vessels,  and  when  accepted  by  the 
contractor  or  contractors,  may  be  assigned  to  such  duty 
by  the  Secretary  of  the  Navy  whenever  in  his  opinion 
such  assignment  can  be  made  without  detriment  to  the 
service,  and  while  in  said  employment  they  shall  receive 
furlough  pay  from  the  Government,  and  such  other  com- 
pensation from  the  contractor  or  contractors  as  may  be 
agreed  upon  by  the  parties:  Provided,  That  they  shall 
only  be  required  to  perform  such  duties  as  appertain  to 
the  merchant  service. 

Said  vessels  shall  take,  as  cadets  or  apprentices,  one  Sec-  8- 
American-born  boy,  under  twenty-one  years  of  age  for 
each  one  thousand  tons  gross  register,  and  one  for  each 
majority  fraction  thereof,  who  shall  be  educated  in  the 
duties  of  seamanship,  rank  as  petty  officers,  and  receive 
such  pay  for  their  services  as  may  be  reasonable. 

Such  steamers  may  be  taken  and  used  by  the  United  Sec.  9. 
States  as  transports  or  cruisers,  upon  payment  to  the 
owners  of  the  fair  actual  value  of  the  same  at  the  time  of 
the  taking,  and  if  there  shall  be  a  disagreement  as  to  the 
fair  actual  value  of  the  same  at  the  time  of  the  taking, 
and  if  there  shall  be  a  disagreement  as  to  the  fair  actual 
value  between  the  United  States  and  the  owners,  then  the 
same  shall  be  determined  by  two  impartial  appraisers, 


320  NAVIGATION   LAWS   OF   THE   UNITED  STATES. 

one  to  be  appointed  by  each  of  said  parties,  they  at  the 
same  time  selecting  a  third,  who  shall  act  in  said  ap- 
praisement in  case  the  two  shall  fail  to  agree. 

348.   General  ocean  mail  service. 

Ky  f,'iSi;  .For  transportation  of  foreign  mails,  $4,700,000:  Pro- 
vidt  <L  That  the  Postmaster  General  shall  be  authorized 
to  expend  such  sums  as  may  be  necessary,  not  exceeding 
$103,000,  to  cover  the  cost  to  the  United  States  of  main- 
taining sea  post  service  on  steamships  conveying  the  mails. 
For  censorship  of  foreign  mails,  $1,620,000,  of  which 
amount  8:200.000  shall  be  available  immediately:  Pro- 
vided, That  the  authority  under  this  appropriation  shall 
cease  to  be  in  effect  when  the  existing  state  of  war  shall 
have  passed,  the  date  of  which  shall  be  ascertained  and 
proclaimed  by  the  President :  A  id  provided  further.  That 
it  shall  be  the  duty  of  the  Postmaster  General  to  submit 
to  Congress  at  the  beginning  of  its  regular  session  in  De- 
cember of  each  year  a  detailed  statement  of  all  persons 
appointed  and  the  salary  or  compensation  paid  or  allowed 
to  each:  And  provided  further^  That  no  part  of  this  ap- 
propriation shall  be  expended  to  pay  the  expense  of  cen- 
soring mail  from  the  military  forces  connected  with  the 
American  Expeditionary  Force,  which  mail  has  been  cen- 
sored in  Europe. 

r.  s.,  3969.  The  Postmaster-General  may  cause  the  mail  to  be  car- 
ried in  any  steamboat  or  other  vessel  used  as  a  packet  on 
any  of  the  waters  of  the  United  States. 

r.  s.,  3970.  X}ie  Postmaster-General  may,  if  he  deem  it  for  the  pub- 
lic interest,  make  contracts  for  any  period  not  exceeding 
one  year,  for  carrying  the  mails  in  steamships  between 
any  of  the  ports  of  the  United  States. 

June  deal's*.     Upon  the  entry  of  every  such  vessel  returning  from 

sec.  23.'  '  any  foreign  port,  the  master  thereof  shall  make  oath  that 
he  has  promptly  delivered  all  the  mail  i;>laced  on  board 
said  vessel  before  clearance  from  the  United  States:  and 
if  he  shall  fail  to  make  such  oath  the  vessel  shall  not  be 
entitled  to  the  privileges  of  a  vessel  of  the  United  States. 

sIar'  2oo1909'       ^le  master  or  other  person  having  charge  or  control  of 

Repeals  r.  s.,  any  steamboat  or  other  vessel  passing  between  ports  or 
3977-  places  in  the  United  States,  arriving  at  any  such  port  or 

place  where  there  is  a  post-office,  shall  deliver  to  the  post- 
master or  at  the  post-office  within  three  hours  after  his 
arrival,  if  in  the  daytime,  and  if  at  night,  within  two 
hours  after  the  next  sunrise,  all  letters  and  packages 
brought  by  him  or  within  his  power  or  control  and  not 
relating  to  the  cargo,  addressed  to  or  destined  for  such 
port  or  place,  for  which  he  shall  receive  from  the  post- 
master two  cents  for  each  letter  or  package  so  delivered, 
unless  the  same  is  carried  under  a  contract  for  carrying 
the  mail:  and  for  every  failure  so  to  deliver  such  letters 
or  packages,  the  master  or  other  person  having  charge  or 


PART    XXVII. OCEAN    MAIL    SERVICE.  321 

control  of  such  steamboat  or  other  vessel,  shall  be  fined 
not  more  than  one  hundred  and  fifty  dollars. 

The  Postmaster-General  may  pay,  to  the  master  or  R-  s.,  3978. 
owner  of  any  vessel  not  regularly  employed  in  carrying 
the  mail,  two  cents  for  each  letter  carried  by  such  vessel 
between  ports  or  places  in  the  United  States,  or  from  any 
foreign  port  to  any  port  in  the  United  States;  but  all 
such  letters  shall  be  deposited  in  the  post-office  at  the 
port  of  arrival. 

No  vessel  departing  from  the  United  States  for  any  R-  s-  3987- 
foreign  port  shall  receive  on  board  or  convey  any  letter 
or  packet  originating  in  the  United  States  which  has  not 
been  regularly  received  from  the  post-office  at  the  port  of 
departure,  and  which  does  not  relate  to  the  cargo  of  such 
vessel,  except  as  provided  in  section  three  thousand  nine 
hundred  and  ninety-three;  and  every  collector,  or  other 
officer  of  the  port  empowered  to  grant  clearances,  shall 
require  from  the  master  of  such  vessel,  as  a  condition  of 
clearance,  an  oath  that  he  has  not  received  on  board,  has 
not  under  his  care  or  control,  and  will  not  receive  or  con- 
vey any  letter  or  packet  contrary  to  the  provisions  of 
this  section. 

No  vessel  arriving  within  a  port  or  collection  district    |^r-  240-4 1909- 
of  the  United  States  shall  be  allowed  to  make  entry  or    Repeals  r.  s., 
break  bulk  until  all  letters  on  board  are  delivered  to  the 3988' 
nearest  post-office,  and  the  master  or  other  person  having 
charge  or  control  thereof  has  signed  and  sworn  to  the  fol- 
lowing declaration  before  the  collector  or  other  proper 
customs  officer : 

I,  A.  B.,  master ,  of  the  ,  arriving  from 

,  and  now  lying  in  the  port  of ,  do  solemnly 

swear  (or  affirm)  that  I  have  to  the  best  of  my  knowledge 

and  belief  delivered  to  the  post-office  at  every 

letter  and  every  bag,  packet,  or  parcel  of  letters  which 
was  on  board  the  said  vessel  during  her  last  voyage,  or 
which  were  in  my  possession  or  under  my  power  or  con- 
trol. 

And  any  master  or  other  person  having  charge  or  con- 
trol of  such  vessel  who  shall  break  bulk  before  he  has 
delivered  such  letters  shall  be  fined  not  more  than  one 
hundred  dollars. 

Any  special  agent  of  the  Post-Office  Department,  when  R-  s.,  3989. 
instructed  by  the  Postmaster-General  to  make  examina- 
tions and  seizures,  and  the  collector  or  other  customs  offi- 
cers of  any  port,  without  special  instructions,  shall  care- 
fully search  all  vessels  for  letters  which  may  be  on  board 
or  which  have  been  conveyed  contrary  to  law. 

Any  special  agent  of  the  Post-Office  Department,  col-     R-  s-  399°- 
lector,  or  other  customs  officer,  or  United  States  marshal 
or  his  deputy,  may  at  all  times  seize  all  letters  and  bags, 
packets  or  parcels,  containing  letters  which  are  being  car- 
143562°— 19 21 


322  NAVIGATION   LAWS  OF   THE   UNITED  STATES. 

ried  contrary  to  law  on  board  any  vessel  or  any  post- 
route,  and  convey  the  same  to  the  nearest  post-office,  or 
may,  by  the  direction  of  the  Postmaster-General  or  Sec- 
retary of  the  Treasury,  detain  them  until  two  months 
after  the  final  determination  of  all  suits  and  proceedings 
which  may,  at  any  time  within  six  months  after  such 
seizure,  be  brought  against  any  person  for  sending  or 
carrying  such  letters. 
r.  s.,  3991.  Every  package  or  parcel  seized  by  any  special  agent  of 
the  Post-Office  Department,  collector,  or  other  customs 
officer,  or  United  States  marshal  or  his  deputies,  in  which 
any  letter  is  unlawfully  concealed,  shall  be  forfeited  to 
the  United  States,  and  the  same  proceedings  may  be  had 
to  enforce  the  forfeiture  as  are  authorized  in  respect  to 
goods,  wares,  and  merchandise  forfeited  for  violation  of 
the  revenue  laws;  and  all  laws  for  the  benefit  and  pro- 
tection of  customs  officers  making  seizures  for  violating 
the  revenue  laws  shall  apply  to  officers  making  seizures 
for  violating  the  postal  laws. 

r.  s.(  3992.  Nothing  herein  contained  shall  be  construed  to  prohibit 
the  conveyance  or  transmission  of  letters  or  packets  by 
private  hands  without  compensation,  or  by  special  mes- 
senger employed  for  the  particular  occasion  only. 

r.  s„  4006.  The  Postmaster-General,  after  advertising  for  propos- 
als, may  enter  into  contracts  or  make  suitable  arrange- 
ments for  transporting  the  mail  through  any  foreign 
country,  between  any  two  points  in  the  United  States,  and 
such  transportation  shall  be  by  the  speediest,  safest,  and 
most  economical  route ;  and  all  contracts  therefor  may  be 
revoked  whenever  any  new  road  or  canal  shall  be  opened 
affording  a  speedier,  more  economical,  and  equally  safe 
transportation  between  the  same  points ;  but  in  case  of  the 
revocation  of  any  such  contract,  a  fair  indemnity  shall  be 
awarded  to  the  contractor. 

r.  s.,  4007.  t he  Postmaster-General  may,  after  advertising  for 
proposals,  enter  into  contracts  for  the  transportation  of 
the  mail  between  the  United  States  and  any  foreign  coun- 
try whenever  the  public  interests  will  thereby  be  pro- 
moted. 

r.  s.,  4008.  -j^g  maj]  between  the  United  States  and  any  foreign 
port,  or  between  ports  of  the  United  States  touching  at 
a  foreign  port,  shall  be  transported  in  steamships;  but 
the  Postmaster-General  may  have  such  transportation 
performed  by  sailing-vessels  when  the  service  can  be 
facilitated  thereby. 

r.  s.  4009.  por  transporting  the  mail  between  the  United  States 
and  any  foreign  port,  or  between  ports  of  the  United 
States  touching  at  a  foreign  port,  the  Postmaster-General 
may  allow  as  compensation,  if  by  a  United  States  steam- 
ship, any  sum  not  exceeding  the  sea  and  United  States 
inland  postage;  and  if  by  a  foreign  steamship  or  by  a 
sailing  vessel,  any  sum  not  exceeding  the  sea-postage,  on 
the  mail  so  transported.    [Amended,  Mar.  3,  1891,  p.  317.] 


R.   S.,  4012. 


PART    XXVII. OCEAN    MAIL    SERVICE.  323 

The  Postmaster-General  may*impose  fines  on  contract-  R-  s-»  401°- 
ors  for  transporting  the  mail  between  the  United  States 
and  any  foreign  country,  for  any  unreasonable  or  unnec- 
essary delay  in  the  departure  of  such  mail,  or  the  per- 
formance of  the  trip;  but  the  fine  for  any  one  default 
shall  not  exceed  one-half  the  contract  price  for  the  trip. 

Every  contract  for  transporting  the  mail  between  the    R-  s-  4on- 
United   States  and  any  foreign  country  shall  contain, 
besides  the  usual  stipulation  for  the  right  of  the  Post- 
master-General to  discontinue  the  same,  the  further  stip- 
ulation that  it  may  be  terminated  by  Congress. 

The  Postmaster-General  may,  by  and  with  the  advice 
and  consent  of  the  President,  make  any  arrangements 
which  may  be  deemed  just  and  expedient  for  allowing  the 
mails  of  Canada,  or  any  other  country  adjoining  the 
United  States,  to  be  transported  over  the  territory  of  the 
United  States  from  one  point  in  such  country  to  any 
other  point  in  the  same,  at  the  expense  of  the  country  to 
which  the  mail  belongs,  upon  obtaining  a  like  privilege 
for  the  transportation  of  the  United  States  mail  through 
the  country  to  which  the  privilege  is  granted;  but  such 
privilege  may  at  any  time  be  annulled  by  the  President  or 
Congress  from  and  after  one  month  succeeding  the  day  on 
which  notice  of  the  act  of  the  President  or  Congress  is 
given  to  the  chief  executive  or  head  of  the  post-office 
department  of  the  country  whose  privilege  is  to  be  an- 
nulled. 

The  Postmaster-General,  under  the  direction  of  the 
President  of  the  United  States,  is  hereby  authorized  and 
empowered  to  charge  upon,  and  collect  from,  all  letters 
and  other  mailable  matter  carried  to  or  from  any  port  of 
the  United  States,  in  any  foreign  packet-ship  or  other 
vessel,  the  same  rate  or  rates  of  charge  for  American 
postage  which  the  government  to  which  such  foreign 
packet  or  other  vessel  belongs  imposes  upon  letters  and 
other  mailable  matter  conveyed  to  or  from  such  foreign 
country  in  American  packets  or  other  vessels  as  the  post- 
age of  such  government,  and  at  any  time  to  revoke  the 
same;  and  all  custom-house  officers  and  other  United 
States  agents  designated  or  appointed  for  that  purpose 
shall  enforce  or  carry  into  effect  the  foregoing  provision, 
anrl  aid  or  assist  in  the  collection  of  such  postage,  and  to 
that  end  it  shall  be  lawful  for  such  officers  and  agents, 
on  suspicion  of  fraud,  to  open  and  examine,  in  the  pres- 
ence of  two  or  more  respectable  persons,  being  citizens 
of  the  United  States,  any  package  or  packages  supposed 
to  contain  mailable  matter  found  on  board  such  packets 
or  other  vessels  or  elsewhere,  and  to  prevent,  if  necessary, 
such  packets  or  other  vessels  from  entering,  breaking 
bulk,  or  making  clearance  until  such  letters  or  other  mail- 
able matter  are  duly  delivered  into  the  United  States 
post-office. 


Part  XXVIII.— WRECKS. 


349.  Report  of  wrecks.  I  351.  Wrecks  in  foreign  waters. 

350.  Canadian  wrecks.  I  352.  Wrecks  in  Florida  waters. 

349.  Report  of  wrecks. 

seceio°' 1874'  Whenever  any  vessel  of  the  United  States  has  sus- 
tained or  caused  any  accident  involving  the  loss  of  life, 
the  material  loss  of  property,  or  any  serious  injury  to 
any  person,  or  has  received  any  material  damage  affecting 
her  seaworthiness  or  her  efficiency,  the  managing  owner, 
agent,  or  master  of  such  vessel  shall  within  five  days  after 
the  happening  of  such  accident  or  damage,  or  as  soon 
thereafter  as  possible,  send,  by  letter  to  the  collector  of 
customs  of  the  district  wherein  such  vessel  belongs  or 
of  that  within  which  such  accident  or  damage  occurred, 
a  report  thereof,  signed  by  such  owner,  agent,  or  master, 
stating  the  name  and  official  number  (if  any)  of  the  ves- 
sel, the  port  to  which  she  belongs,  the  place  where  she 
was,  the  nature  and  probable  occasion  of  the  casualty,  the 
number  and  names  of  those  lost,  and  the  estimated  amount 
of  loss  or  damage  to  the  vessel  or  cargo:  and  shall  fur- 
nish, upon  the  request  of  either  of  such  collectors  of 
customs,  such  other  information  concerning  the  vessel, 
her  cargo,  and  the  casualty  as  may  be  called  for:  and  if 
he  neglect  or  refuse  to  comply  with  the  foregoing  require- 
ments after  a  reasonable  time,  he  shall  incur  a  penalty  of 
one  hundred  dollars. 

sec.  n.  Whenever  the  managing  owner  or  agent  of  any  vessel 

of  the  United  States  has  reason,  owing  to  the  non-appear- 
ance of  such  vessel,  or  to  any  other  circumstance,  to 
apprehend  that  such  vessel  has  been  lost,  he  shall,  as  soon 
as  conveniently  may  be,  send  notice,  in  writing,  to  Jhe 
collector  of  customs  of  the  port  to  which  said  vessel 
belonged,  of  such  loss,  and  the  probable  occasion  thereof 
stating  the  name  and  the  official  number  (if  any)  of  the 
vessel,  and  the  names  of  all  persons  on  board,  so  far  as 
the  same  can  be  ascertained,  and  shall  furnish,  upon  re- 
quest of  the  collector  of  such  port,  such  additional  infor- 
mation as  he  may  be  able;  and  if  he  neglect  to  comply 
with  the  above  requirements  within  a  reasonable  time,  he 
shall  incur  a  penalty  of  one  hundred  dollars. 

sec.  12.  It  shall  be  the  duty  of  the  collectors  of  customs  to 

immediately  transmit  to  the  Secretary  of  the  Treasury 

324 


PART   XXVIII. WRECKS.  325 

such  reports  and  information  as  they  may  receive  under 
the  provisions  of  the  two  preceding  sections,  and  they 
shall  also  report  to  the  Secretary  of  the  Treasury  any 
neglect  or  refusal  on  the  part  of  the  managing  owner, 
agent,  or  master  of  any  vessel  of  the  United  States  to 
comply  with  the  requirements  thereof. 

The   Secretary  of  Commerce   may,  upon   application  §^13,  lg97 
therefor,  remit  or  mitigate  any  penalty  provided  for  in  sec!'n.' 
this  Act,  or  discontinue  any  prosecution  to  recover  the  flc.'io4'  19°3' 
same,  upon  such  terms  as  he,  in  his  discretion,  shall 
think  proper,  and  shall  have  authority  to  ascertain  the 
facts  upon  all  such  applications  in  such  manner  and  under 
such  regulations  as  he  may  think  proper.    All  penalties 
herein  provided  may  be  sued  for,  prosecuted,  recovered, 
and  disposed  of  in  the  manner  prescribed  by  section 
forty-three  hundred  and  five  of  the  Revised  Statutes. 

The  owner,  agent,  or  master  of  every  barge  which,  l^g4,  1915, 
while  in  tow  through  the  open  sea,  has  sustained  or  caused 
any  accident,  shall  be  subject  in  all  respects  to  the  provi- 
sions of  sections  ten,  eleven,  twelve,  and  thirteen  of  chap- 
ter three  hundred  and  forty-four  of  the  Statutes  at  Large, 
approved  June  twentieth,  eighteen  hundred  and  seventy- 
four,  and  the  reports  therein  prescribed  shall  be  trans- 
mitted by  collectors  of  customs  to  the  Secretary  of  Com- 
merce, who  shall  transmit  annually  to  Congress  a  sum- 
mary of  such  reports  during  the  previous  fiscal  year,  to- 
gether with  a  brief  statement  of  the  action  of  the  depart- 
ment in  respect  to  such  accidents. 

350.  Canadian  wrecks. 

Canadian  vessels  and  wrecking  appurtenance  may  ren-  Ma^  24>  189°- 
der  aid  and  assistance  to  Canadian  or  other  vessels  and 
property  wrecked,  disabled,  or  in  distress  in  the  waters  of 
the  United  States  contiguous  to  the  Dominion  of  Canada: 
Provided,  That  this  act  shall  not  take  effect  until  procla- 
mation by  the  President  of  the  United  States  that  the 
privilege  of  aiding  American  or  other  vessels  and  prop- 
erty wrecked,  disabled,  or  in  distress  in  Canadian  waters 
contiguous  to  the  United  States  has  been  extended  by  the 
Government  of  the  Dominion  of  Canada  to  American  ves- 
sels and  wrecking  appliances  of  all  descriptions.  This  Mar.  3,  1893. 
act  shall  be  construed  to  apply  to  the  canal  and  improve- 
ment of  the  waters  between  Lake  Erie  and  Lake  Huron, 
and  to  the  waters  of  the  Saint  Mary's  River  and  canal: 
And  provided  further,  That  this  act  shall  cease  to  be  in 
force  from  and  after  the  date  of  the  proclamation  of  the 
President  of  the  United  States  to  the  effect  that  said 
reciprocal  privilege  has  been  withdrawn,  revoked,  or  ren- 
dered inoperative  by  the  said  Government  of  the  Domin- 
ion of  Canada. 

351.  Wrecks  in  foreign  waters. 

Consuls  and  vice-consuls,  in  cases  where  vessels  of  the  R-  s> 4238- 
United  States  are  stranded  on  the  coasts  of  their  consu- 


326  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

lates  respectively,  shall,  as  far  as  the  laws  of  the  country 
will  permit,  take  proper  measures,  as  well  for  the  purpose 
of  saving  the  vessels,  their  cargoes  and  appurtenances,  as 
for  storing  and  securing  the  effects  and  merchandise 
saved,  and  for  taking  inventories  thereof;  and  the  mer- 
chandise and  effects  saved,  with  the  inventories  thereof 
so  taken,  shall,  after  deducting  therefrom  the  expenses,  be 
delivered  to  the  owners.  No  consul  or  vice-consul  shall 
have  authority  to  take  possession  of  any  such  merchan- 
dise, or  other  property,  when  the  master,  owner,  or  con- 
signee thereof  is  present  or  capable  of  taking  possession 
of  the  same. 
352.  "Wrecks  in  Florida  waters. 

r.  s.,  4239.  All  property,  of  any  description  whatsoever,  which 

shall  be  taken  from  any  wreck,  from  the  sea,  or  from  any 
of  the  keys  and  shoals,  within  the  jurisdiction  of  the 
United  States,  on  the  coast  of  Florida,  shall  be  brought  to 
some  port  of  entry  within  the  jurisdiction  of  the  United 
States. 

r.  s.,4240.  Every  vessel  which  shall  be  engaged  or  employed  in 

carrying  or  transporting  any  property  whatsoever,  taken 
from  any  wreck,  from  the  sea,  or  from  any  of  the  keys  or 
shoals,  within  the  jurisdiction  of  the  United  States,  on  the 
coast  of  Florida,  to  any  foreign  port,  shall,  together  with 
her  tackle,  apparel,  and  furniture,  be  forfeited,  and  all 
forfeitures  incurred  by  virtue  of  this  section  shall  accrue, 
one  moiety  to  the  informer  and  the  other  to  the  United 
States. 

r.  s.,424i.  No  vessel,  or  master  thereof,  shall  be  regularly  em- 

ployed in  the  business  of  wrecking  on  the  coast  of  Florida 
without  the  license  of  the  judge  of  the  district  court  for 
the  district  of  Florida;  and,  before  licensing  any  vessel 
or  master,  the  judge  shall  be  satisfied  that  the  vessel  is 
sea-worthy,  and  properly  and  sufficiently  fitted  and 
equipped  for  the  business  of  saving  property  shipwrecked 
and  in  distress;  and  that  the  master  thereof  is  trust- 
worthy, and  innocent  of  any  fraud  or  misconduct  in  rela- 
tion to  any  property  shipwrecked  or  saved  on  the  coast. 


Part  XXIX.— COAST  GUAED  CUTTERS. 


353.  Coast  Guard  cutters. 

The  President  may,  for  the  better  securing  the  collec-  R  s-  2m- 
tion  of  import  or  tonnage  duties,  cause  to  be  maintained 
so  many  of  the  Coast  Guard  cutters  as  may  be  necessary 
to  be  employed  for  the  protection  of  the  revenue,  the  ex- 
pense whereof  shall  be  paid  out  of  such  sum  as  shall  be 
annually  appropriated  for  the  Coast  Guard,  and  not 
otherwise. 

The  Secretary  of  the  Treasury  may  direct  the  perform-  R-  S.,  2758. 
ance  of  any  service  by  the  Coast  Guard  vessels  which,  in 
his   judgment,   is  necessary    for  the  protection   of   the 
revenue. 

The  officers  of  the  Coast  Guard  cutters  shall  respec-  r.  s.,  2760. 
tively  be  deemed  officers  of  the  customs,  and  shall  be  sub- 
ject to  the  direction  of  such  collectors  of  the  revenue,  or 
other  officers  thereof,  as  from  time  to  time  shall  be  desig- 
nated for  that  purpose.  They  shall  go  on  board  all  ves- 
sels which  arrive  within  the  United  States  or  within  four 
leagues  of  the  coast  thereof,  if  bound  for  the  United 
States,  and  search  and  examine  the  same,  and  every  part 
thereof,  and  shall  demand,  receive,  and  certify  the  mani- 
fests required  to  be  on  board  certain  vessels,  shall  affix 
and  put  proper  fastenings  on  the  hatches  and  other  com- 
munications with  the  hold  of  any  vessel,  and  shall  remain 
on  board  such  vessels  until  they  arrive  at  the  port  or  place 
of  their  destination. 

The  collector  of  each  district  may,  with  the  approval  of  R.  s.,  2763. 
the  Secretary  of  the  Treasury,  provide  and  employ  such 
small  open  row  and  sail  boats,  and  persons  to  serve  in 
them,  as  shall  be  necessary  for  the  use  of  the  surveyors 
and  inspectors  in  going  on  board  of  vessels  and  other- 
wise, for  the  better  detection  of  frauds. 

The  cutters  and  boats  employed  in  the  service  of  the  R.  s.,  2764. 
Coast  Guard  shall  be  distinguished  from  other  vessels  by 
an  ensign  and  pendant,  with  such  marks  thereon  as  shail 
be  prescribed  by  the  President.  If  any  vessel  or  boat, 
not  employed  in  the  service  of  the  Coast  Guard,  shall, 
within  the  jurisdiction  of  the  United  States,  carry  or  v 
hoist  any  pendant  or  ensign  prescribed  for  vessels  in 
such  service,  the  master  of  the  vessel  so  offending  shall  be 
liable  to  a  penalty  of  one  hundred  dollars. 

Whenever  any  vessel  liable  to  seizure  or  examination  R.  s.,  2765. 
does  not  bring-to,  on  being  required  to  do  so,  or  on  being 

327 


328  NAVIGATION    LAWS    OF    THE    UNITED   STATES. 

chased  by  any  cutter  or  boat  which  has  displayed  the 
pendant  and  ensign  prescribed  for  vessels  in  the  Coast 
Guard,  the  master  of  such  cutter  or  boat  may  fire  at  or 
into  such  vessel  which  does  not  bring-to,  after  such  pend- 
ant and  ensign  has  been  hoisted,  and  a  gun  has  been  fired 
by  such  cutter  or  boat  as  a  signal ;  and  such  master,  and 
all  persons  acting  by  or  under  his  direction,  shall  be 
indemnified  from  any  penalties  or  actions  for  damages 
for  so  doing.  If  any  person  is  killed  or  wounded  by  such 
firing,  and  the  master  is  prosecuted  or  arrested  therefor, 
he  shall  be  forthwith  admitted  to  bail. 

July  7,  1884.  Hereafter  Coast  Guard  cutters  shall  be  used  exclu- 
sively for  the  public  service,  and  in  no  way  for  private 
purposes. 

June  24, 1914.  *  *  *  in  the  discretion  of  the  Secretary  of  the 
Treasury,  any  of  the  Coast  Guard  cutters  provided  for 
in  this  Act,  or  any  other  revenue  cutter  now  or  hereafter 
in  commission,  may  be  used  to  extend  medical  and  sur- 
gical aid  to  the  crews  of  American  vessels  engaged  in 
the  deep-sea  fisheries,  under  such  regulations  as  the  Sec- 
retary of  the  Treasury  may  from  time  to  time  prescribe, 
and  the  said  Secretary  is  hereby  authorized  to  detail  for 
duty  on  Coast  Guard  cutters  such  surgeons  and  other  per- 
sons of  the  Public  Health  Service  as  he  may  deem  neces- 
sary. 


Part  XXX.— REMISSION  OF  FINES  AND  PENALTIES. 


354.  Remission  of  fines  and  penalties. 

Whenever  any  person  who  shall  have 'incurred  any  fine,  R-  s-  5292- 
penalty,  or  forfeiture,  or  disability,  or  may  be  interested 
in  any  vessel  or  merchandise  which  has  become  subject  to 
any  seizure,  forfeiture,  or  disability  by  authority  of  any 
provisions  of  law  for  imposing  or  collecting  any  duties  or 
taxes,  or  relating  to  registering,  recording,  enrolling,  or 
licensing  vessels  and  for  regulating  the  same,  or  provid- 
ing for  the  suppression  of  insurrections  or  unlawful  com- 
binations against  the  United  States,  shall  prefer  his 
petition  to  the  judge  of  the  district  in  which  such  fine, 
penalty,  or  forfeiture,  or  disability  has  accrued,  truly 
and  particularly  setting  forth  the  circumstances  of  his 
case,  and  shall  pray  that  the  same  may  be  mitigated  or 
remitted,  the  judge  shall  inquire,  in  a  summary  manner, 
into  the  circumstances  of  the  case;  first  causing  reason- 
able notice  to  be  given  to  the  person  claiming  such  fine, 
penalty,  or  forfeiture,  and  to  the  attorney  of  the  United 
States  for  such  district,  that  each  may  have  an  opportu- 
nity of  showing  cause  against  the  mitigation  or  remission 
thereof;  and  shall  cause  the  facts  appearing  upon  such 
inquiry  to  be  stated  and  annexed  to  the  petition,  and 
direct  their  transmission  to  the  Secretary  of  the  Treasury 
[Secretary  of  Commerce  in  some  cases].  The  Secretary  Feb.  14,  1903. 
shall  thereupon  have  power  to  mitigate  or  remit  such  Sec- 10- 
fine,  forfeiture,  or  penalty,  or  remove  such  disability,  or 
any  part  thereof,  if,  in  his  opinion,  the  same  was  incurred 
without  willful  negligence,  or  any  intention  of  fraud  in 
the  person  incurring  the  same ;  and  to  direct  the  prosecu- 
tion, if  any  has  been  instituted  for  the  recovery  thereof, 
to  cease  and  be  discontinued,  upon  such  terms  or  condi- 
tions as  he  may  deem  reasonable  and  just. 

The  Secretary  of  the  Treasury  [Secretary  of  Commerce  R.  s.,  5293. 

-1    •  i.i_       •       J   j.  -li  i  j    Feb.   14,   1903. 

in  some  casesj  is  authorized  to  prescribe  such  rules  and  sec  10. 
modes  of  proceeding  to  ascertain  the  facts  upon  which 
an  application  for  remission  of  a  fine,  penalty,  or  for- 
feiture is  founded,  as  he  deems  proper,  and,  upon  ascer- 
taining them,  to  remit  the  fine,  penalty,  or  forfeiture, 
if  in  his  opinion  it  was  incurred  without  willful  negli- 
gence or  fraud,  in  either  of  the  following  cases : 

First.  If  the  fine,  penalty,  or  forfeiture  was  imposed 
under  authority  of  any  revenue  law,  and  the  amount  does 
not  exceed  one  thousand  dollars. 


330  NAVIGATION   LAWS   OF   THE   UNITED  STATES. 

Second.  Where  the  case  occurred  within  either  of  the 
collection  districts  in  the  States  of  California  or  Oregon. 
Third.  If  the  fine,  penalty,  or  forfeiture  was  imposed 
under  authority  of  any  provisions  of  law  relating  to  the 
importation  of  merchandise  from  foreign  contiguous  ter- 
ritory, or  relating  to  manifests  for  vessels  enrolled  or 
licensed  to  carry  on  the  coasting-trade  on  the  northern, 
northeastern,  and  northwestern  frontiers. 

Fifth.  If  the  fine,  penalty,  or  forfeiture  was  imposed 
by  authority  of  any  provisions  of  law  for  levying  or  col- 
Mar.  3,  1899.  lecting  any  duties  or  taxes,  or  relating  to  registering, 
recording,  enrolling,  or  licensing  vessels,  and  the  case 
arose  within  the  collection-district  of  Alaska,  or  was  im- 
posed by  virtue  of  any  provisions  of  law  relating  to  fur- 
seals  upon  the  islands  of  Saint  Paul  and  Saint  George. 
r.  s.,  5r294-  The  Secretary  of   Commerce  may,  upon   application 

Mar.  25'  1896.'  theref or,  remit  or  mitigate  any  fine,  penalty,  or  f or- 
lec."  iot'  19°3'  f eiture  provided  for  in  laws  relating  to  vessels  or  dis- 
continue any  prosecution  to  recover  penalties  or  relating 
to  forfeitures  denounced  in  such  laws,  excepting  the  pen- 
alty of  imprisonment  or  of  removal  from  office,  upon  such 
terms  as  he,  in  his  discretion,  shall  think  proper ;  and  all 
rights  granted  to  informers  by  such  laws  shall  be  held 
subject  to  the  Secretary's  powers  of  remission,  except  in 
cases  where  the  claims  of  any  informer  to  the  share  of 
any  penalty  shall  have  been  determined  by  a  court  of 
competent  jurisdiction  prior  to  the  application  for  the  re- 
mission of  the  penalty  or  forfeiture;  and  the  Secretary 
shall  have  authority  to  ascertain  the  facts  upon  all  such 
applications  in  such  manner  and  under  such  regulations 
as  he  may  deem  proper. 
r.  s.,  5295.  Any  officer  or  other  person  entitled  to  or  interested  in 

a  part  or  share  of  any  fine,  penalty,  or  forfeiture  incurred 
under  any  law  of  the  United  States,  may  be  examined  as 
a  witness  in  any  of  the  proceedings  for  the  recovery  of 
such  fine,  penalty,  or  forfeiture  by  either  of  the  parties 
thereto,  and  such  examination  shall  not  deprive  such 
witness  of  his  share  or  interest  in  such  fine,  penalty,  or 
forfeiture. 
June  26, 1884.  Whenever  any  fine,  penalty,  forfeiture,  exaction,  or 
charge  arising  under  the  laws  relating  to  vessels  or  sea- 
men has  been  paid  to  any  collector  of  customs  or  consular 
officer,  and  application  has  been  made  within  one  year 
from  such  payment  for  the  refunding  or  remission  of  the 
Feb.  14,  1903.  same,  the  Secretary  of  Commerce  if  on  investigation 
he  finds  that  such  fine,  penalty,  forfeiture,  exaction,  or 
charge  was  illegally,  improperly,  or  excessively  imposed, 
shall  have  the  power,  either  before  or  after  the  same  has 
been  covered  into  the  Treasury,  to  refund  so  much  of 
such  fine,  penalty,  forfeiture,  exaction  or  charge  as  he 
may  think  proper,  from  any  moneys  in  the  Treasury  not 
otherwise  appropriated. 


Part  XXXI.— CATTLE,  LIVE  STOCK,  AND  DAIRY  TRADE. 


355.  Regulation  of  cattle  ships.  [  360.  Exportation     of     diseased     live 

356.  Inspection  of  live  stock  and  meal  stock. 

products.  361.  Care  of  cattle  in  domestic  trade. 

357.  Horses  and  horse  meat.  362.  Neat  cattle. 

358.  Diseased  cattle.  363.  Inspection    of    butter   and   dairy 

359.  Quarantine  of  live  stock.  products. 

355.  Regulation  of  cattle  ships. 

The  Secretary  of  Agriculture  is  hereby  authorized  to  Mar.  3,  i89i. 
examine  all  vessels  which  are  to  carry  export  cattle  from 
the  ports  of  the  United  States  to  foreign  countries,  and  to 
prescribe  by  rules  and  regulations  or  orders  the  accommo- 
dations which  said  vessels  shall  provide  for  export  cattle, 
as  to  space,  ventilation,  fittings,  food  and  water  supply 
and  such  other  requirements  as  he  may  decide  to  be  neces- 
sary for  the  safe  and  proper  transportation  and  humane 
treatment  of  such  animals. 

Whenever  the  owner,  owners,  or  master  of  any  vessel  Sec.  2. 
carrying  export  cattle  shall  willfully  violate  or  cause  or 
permit  to  be  violated  any  rule,  regulation  or  order  made 
pursuant  to  the  foregoing  section  the  vessel  in  respect  of 
which  such  violation  shall  occur  may  be  prohibited  from 
again  carrying  cattle  from  any  port  of  the  United  States 
for  such  length  of  time,  not  exceeding  one  year,  as  the 
Secretary  of  Agriculture  may  direct,  and  such  vessel  shall 
be  refused  clearance  from  any  port  of  the  United  States 
accordingly. 

356.  Inspection  of  live  stock  and  meat  products. 

That  on  and  after  October  first,  nineteen  hundred  and  Mar.  4,  1907. 
six,  no  person,  firm,  or  corporation  shall  transport  or 
offer  for  transportation,  and  no  carrier  of  interstate  or 
foreign  commerce  shall  transport  or  receive  for  transpor- 
tation from  one  State  or  Territory  or  the  District  of 
Columbia  to  any  other  State  or  Territory  or  the  District 
of  Columbia,  or  to  any  place  under  the  jurisdiction  of  the 
United  States,  or  to  any  foreign  country,  any  carcasses 
or  parts  thereof,  meat,  or  meat  food  products  thereof 
which  have  not  been  inspected,  examined,  and  marked  as 
"  Inspected  and  passed,"  in  accordance  with  the  terms  of 
this  Act  and  with  the  rules  and  regulations  prescribed  by 
the  Secretary  of  Agriculture:  Provided,  That  all  meat 

331 


332  NAVIGATION    LAWS   OF    THE   UNITED   STATES. 

and  meat  food  products  on  hand  on  October  first,  nine- 
teen hundred  and  six,  at  establishments  where  inspection 
has  not  been  maintained,  or  which  have  been  inspected 
under  existing  law,  shall  be  examined  and  labeled  under 
such  rules  and  regulations  as  the  Secretary  of  Agricul- 
ture shall  prescribe,  and  then  shall  be  allowed  to  be  sold 
in  interstate  or  foreign  commerce. 

That  no  person,  firm,  or  corporation,  or  officer,  agent, 
or  employee  thereof,  shall  forge,  counterfeit,  simulate,  or 
falsely  represent,  or  shall  without  proper  authority  use, 
fail  to  use,  or  detach,  or  shall  knowingly  or  wrongfully 
alter,  deface,  or  destroy,  or  fail  to  deface  or  destroy,  any 
of  the  marks,  stamps,  tags,  labels,  or  other  identification 
devices  provided  for  in  this  Act,  or  in  and  as  directed  by 
the  rules  and  regulations  prescribed  hereunder  by  the 
Secretary  of  Agriculture,  on  any  carcasses,  parts  of  car- 
casses, or  the  food  products,  or  containers  thereof,  subject 
to  the  provisions  of  this  Act,  or  any  certificate  in  relation 
thereto,  authorized  or  required  by  this  Act  or  by  the  said 
rules  and  regulations  of  the  Secretary  of  Agriculture. 

That  the  Secretary  of  Agriculture  shall  cause  to  be 
made  a  careful  inspection  of  all  cattle,  sheep,  swine,  and 
goats  intended  and  offered  for  export  to  foreign  countries 
at  such  times  and  places,  and  in  such  manner  as  he  may 
deem  proper,  to  ascertain  whether  such  cattle,  sheep, 
swine,  and  goats  are  free  from  disease. 

And  for  this  purpose  he  may  appoint  inspectors  who 
shall  be  authorized  to  give  an  official  certificate  clearly 
stating  the  condition  in  which  such  cattle,  sheep,  swine, 
and  goats  are  found. 

And  no  clearance  shall  be  given  to  any  vessel  having 
on  board  cattle,  sheep,  swine,  or  goats  for  export  to  a 
foreign  country  until  the  owner  or  shipper  of  such  cattle, 
sheep,  swine,  or  goats  has  a  certificate  from  the  inspector 
herein  authorized  to  be  appointed,  stating  that  the  said 
cattle,  sheep,  swine,  or  goats  are  sound  and  healthy,  or 
unless  the  Secretary  of  Agriculture  shall  have  waived 
the  requirement  of  such  certificate  for  export  to  the  par- 
ticular country  to  which  such  cattle,  sheep,  swine,  or  goats 
are  to  be  exported. 

That  the  Secretary  of  Agriculture  shall  also  cause  to  be 
made  a  careful  inspection  of  the  carcasses  and  parts 
thereof  of  all  cattle,  sheep,  swine,  and  goats,  the  meat  of 
which,  fresh,  salted,  canned,  corned,  packed,  cured,  or 
otherwise  prepared,  is  intended  and  offered  for  export 
to  any  foreign  country,  at  such  times  and  places  and  in 
such  manner  as  he  may  deem  proper. 

And  for  this  purpose  he  may  appoint  inspectors  who 
shall  be  authorized  to  give  an  official  certificate  stating 
the  condition  in  which  said  cattle,  sheep,  swine,  or  goats, 
and  the  meat  thereof,  are  found. 

And  no  clearance  shall  be  given  to  any  vessel  having 
on  board  any  fresh,  salted,  canned,  corned,  or  packed 


PART   XXXI. CATTLE,    LIVE   STOCK,   AND   DAIRY    TRADE.  333 

beef,  mutton,  pork,  or  goat  meat,  being  the  meat  of  ani- 
mals killed  after  the  passage  of  this  Act,  or  except  as 
hereinbefore  provided  for  export  to  and  sale  in  a  for- 
eign country  from  any  port  in  the  United  States,  until  the 
owner  or  shipper  thereof  shall  obtain  from  an  inspector 
appointed  under  the  provisions  of  this  Act  a  certificate 
that  the  said  cattle,  sheep,  swine,  and  goats  were  sound 
and  healthy  at  the  time  of  inspection,  and  that  their 
meat  is  sound  and  wholesome,  unless  the  Secretary  of 
Agriculture  shall  have  waived  the  requirements  of  such 
certificate  for  the  country  to  which  said  cattle,  sheep, 
swine,  and  goats  or  meats  are  to  be  exported. 

That  the  inspectors  provided  for  herein  shall  be  author- 
ized to  give  official  certificates  of  the  sound  and  whole- 
some condition  of  the  cattle,  sheep,  swine,  and  goats,  their 
carcasses  and  products  as  herein  described ;  and  one  copy 
of  every  certificate  granted  under  the  provisions  of  this 
Act  shall  be  filed  in  the  Department  of  Agriculture, 
another  copy  shall  be  delivered  to  the  owner  or  shipper, 
and  when  the  cattle,  sheep,  swine,  and  goats  or  their  car- 
casses and  products  are  sent  abroad,  a  third  copy  shall 
be  delivered  to  the  chief  officer  of  the  vessel  on  which  the 
shipment  shall  be  made. 

That  no  person,  firm,  or  corporation  engaged  in  the 
interstate  commerce  of  meat  or  meat  food  products  shall 
transport  or  offer  for  transportation,  sell  or  offer  to  sell 
any  such  meat  or  meat  food  products  in  any  State  or  Ter- 
ritory or  in  the  District  of  Columbia  or  any  place  under 
the  jurisdiction  of  the  United  States,  other  than  in  the 
State  or  Territory  or  in  the  District  of  Columbia  or  any 
place  under  the  jurisdiction  of  the  United  States  in  which 
the  slaughtering,  packing,  canning,  rendering,  or  other 
similar  establishment  owned,  leased,  or  operated  by  said 
firm,  person,  or  corporation  is  located  unless  and  until 
said  person,  firm,  or  corporation  shall  have  complied 
with  all  of  the  provisions  of  this  Act. 

That  any  person,  firm,  or  corporation,  or  any  officer  or 
agent  of  any  such  person,  firm,  or  corporation,  who  shall 
violate  any  of  the  provisions  of  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor  and  shall  be  punished  on  con- 
viction thereof  by  a  fine  of  not  exceeding  ten  thousand 
dollars  or  imprisonment  for  a  period  of  not  more  than 
two  years,  or  by  both  such  fine  and  imprisonment,  in  the 
discretion  of  the  court. 
357.  Horses  and  horse  meat. 

Live  horses  and  the  carcasses  and  products  thereof  be 
entitled  to  the  same  inspection  as  other  animals,  carcasses, 
and  products  thereof,  herein  named:  Provided  further, 
That  the  Secretary  of  Agriculture  may  in  his  discretion  M:,y  2 
waive  the  requirement  of  a  certificate  with  beef  and  other 
products,  which  are  exported  to  countries  that  do  not  re- 
quire such  inspection. 


Mar.  22,  1898. 


100(1. 


334  NAVIGATION    LAWS   OF    THE    UNITED   STATES. 

358.  Diseased  cattle. 

secS'630,  189°'  r^^le  imPortation  of  neat  cattle,  sheep,  and  other  rumi- 
nants, and  swine,  which  are  diseased  or  infected  with  any 
disease,  or  which  shall  have  been  exposed  to  such  infec-' 
tion  within  sixty  days  next  before  their  exportation,  is 
hereby  prohibited ;  and  any  person  who  shall  knowingly 
violate  the  foregoing  provision  shall  be  deemed  guilty  of 
a  misdemeanor,  and  shall,  on  conviction,  be  punished  by  a 
fine  not  exceeding  five  thousand  dollars,  or  by  imprison- 
ment not  exceeding  three  years,  and  any  vessel  or  vehicle 
used  in  such  unlawful  importation  with  the  knowledge  of 
the  master  or  owner  of  said  vessel  or  vehicle  that  such 
importation  is  diseased  or  has  been  exposed  to  infection 
as  herein  described,  shall  be  forfeited  to  the  United 
States. 

359.  Quarantine  of  live  stock. 

Aug.  ^30,  1890.  The  Secretary  of  Agriculture  be,  and  is  hereby,  author- 
ized, at  the  expense  of  the  owner,  to  place  and  retain  in 
quarantine  all  neat  cattle,  sheep,  and  other  ruminants, 
and  all  swine,  imported  into  the  United  States,  at  such 
ports  as  he  may  designate  for  such  purpose,  and  under 
such  conditions  as  he  may  by  regulation  prescribe,  respec- 
tively, for  the  several  classes  of  animals  above  described ; 
and  for  this  purpose  he  may  have  and  maintain  possession 
of  all  lands,  buildings,  animals,  tools,  fixtures,  and  appur- 
tenances now  in  use  for  the  quarantine  of  neat  cattle,  and 
hereafter  purchase,  construct,  or  rent  as  may  be  necessary, 
and  he  may  appoint  veterinary  surgeons,  inspectors,  offi- 
cers, and  employees  by  him  deemed  necessary  to  maintain 
such  quarantine,  and  provide  for  the  execution  of  the 
other  provisions  of  this  act. 

sec.  8.  The  importation  of  all  animals  described  in  this  act  into 

any  port  in  the  United  States,  except  such  as  may  be 
designated  by  the  Secretary  of  Agriculture,  with  the  ap- 
proval of  the  Secretary  of  the  Treasury,  as  quarantine 
stations,  is  hereby  prohibited ;  and  the  Secretary  of  Agri- 
culture may  cause  to  be  slaughtered  such  of  the  animals 
named  in  this  act  as  may  be,  under  regulations  prescribed 
by  him,  adjudged  to  be  infected  with  any  contagious  dis- 
ease, or  to  have  been  exposed  to  infection  so  as  to  be  dan- 
gerous to  other  animals;  and  that  the  value  of  animals 
so  slaughtered  as  being  so  exposed  to  infection  but  not 
infected  may  be  ascertained  by  the  agreement  of  the  Sec- 
retary of  Agriculture  and  owners  thereof,  if  practicable ; 
otherwise,  by  the  appraisal  by  two  persons  familiar  with 
the  character  and  value  of  such  property,  to  be  appointed 
by  the  Secretary  of  Agriculture,  whose  decision,  if  they 
agree,  shall  be  final ;  otherwise  the  Secretary  of  Agricul- 
ture shall  decide  between  them,  and  his  decision  shall  be 
final ;  and  the  amount  of  the  value  thus  ascertained  shall 
be  paid  to  the  owner  thereof  out  of  money  in  the  Treas- 
ury appropriated  for  the  use  of  the  Bureau  of  Animal 


PART   XXXI. CATTLE,    LIVE    STOCK,   AND   DAIRY    TRADE.  335 

Industry ;  but  no  payment  shall  be  made  for  any  animal 
imported  in  violation  of  the  provisions  of  this  act. 

If  any  animals  subject  to  quarantine  according  to  the 
provisions  of  this  act  are  brought  into  any  port  of  the 
United  States  where  no  quarantine  station  is  established 
the  collector  of  such  port  shall  require  the  same  to  be  con- 
veyed by  the  vessel  on  which  they  are  imported  or  are 
found  to  the  nearest  quarantine  station,  at  the  expense  of 
the  owner.  . 

Whenever,  in  the  opinion  of  the  President,  it  shall  be  sec.  9. 
necessary  for  the  protection  of  animals  in  the  United 
States  against  infectious  or  contagious  diseases,  he  may, 
by  proclamation,  suspend  the  importation  of  all  or  any 
class  of  animals  for  a  limited  time,  and  may  change, 
modify,  revoke,  or  renew  such  proclamation,  as  the  pub- 
lic good  may  require ;  and  during  the  time  of  such  sus- 
pension the  importation  of  any  such  animals  shall  be 

Unlawful.  B       ,„ 

The  Secretary  of  Agriculture  shall  cause  careful  in-  sec.io. 
spection  to  be  made  by  a  suitable  officer  of  all  imported 
animals  described  in  this  act,  to  ascertain  whether  such 
animals  are  infected  with  contagious  diseases  or  have  been 
exposed  to  infection  so  as  to  be  dangerous  to  other 
animals,  which  shall  then  either  be  placed  in  quarantine 
or  dealt  with  according  to  the  regulations  of  the  Secre- 
tary of  Agriculture;  and  all  food,  litter,  manure,  cloth- 
ing", utensils,  and  other  appliances  that  have  been  so 
related  to  such  animals  on  board  ship  as  to  be  judged 
liable  to  convey  infection  shall  be  dealt  with  according  to 
the  regulations  of  the  Secretary  of  Agriculture ; 

And  the  Secretary  of  Agriculture  may  cause  inspection 
to  be  made  of  all  animals  described  in  this  act  intended 
for  exportation,  and  provide  for  the  disinfection  of  all 
vessels  engaged  in  the  transportation  thereof,  and  of  all 
barges  or  other  vessels  used  in  the  conveyance  of  such  ani- 
mals intended  for  export  to  the  ocean  steamer  or  other 
vessels,  and  of  all  attendants  and  their  clothing,  and  of 
all  headropes  and  other  appliances  used  in  such  exporta- 
tion, by  such  orders  and  regulations  as  he  may  prescribe ; 
and  if,  upon  such  inspection,  any  such  animals  shall  be 
adjudged,  under  the  regulations  of  the  Secretary  of  Agri- 
culture, to  be  infected  or  to  have  been  exposed  to  infection 
so  as  to  be  dangerous  to  other  animals,  they  shall  not  be 
allowed  to  be  placed  upon  any  vessel  for  exportation ;  the 
expense  of  all  the  inspection  and  disinfection  provided 
for  in  this  section  to  be  borne  by  the  owners  of  the  ves- 
sels on  which  such  animals  are  exported. 
360.  Exportation  of  diseased  live  stock. 

In  order  to  enable  the  Secretary  of  Agriculture  to  Feb-  2-  in- 
effectually suppress  and  extirpate  contagious  pleuropneu- 
monia, foot  and  mouth  disease,  and  other  dangerous  con- 
tagious, infectious,  and  communicable  diseases  in  cattle 
and  other  live  stock,  and  to  prevent  the  spread  of  such 
diseases,  the  powers  conferred  on  the  Secretary  of  the 


336  NAVIGATION    LAWS   OF    THE    UNITED   STATES. 

Treasury  by  sections  four  and  five  of  an  Act  entitled 
"An  Act  for  the  establishment  of  a  Bureau  of  Animal 
Industry,  to  prevent  the  exportation  of  diseased  cattle, 
and  to  provide  means  for  the  suppression  and  extirpation 
of  pleuropneumonia  and  other  contagious  diseases  among 
domestic  animals,"  approved  May  twenty-ninth,  eighteen 
hundred  and  eighty-four  (twenty-third  United  States 
Statutes,  thirty -one),  are  hereby  conferred  on  the  Secre- 
tary of  Agriculture,  to  be  exercised  exclusively  by  him. 
He  is  hereby  authorized  and  directed,  from  time  to  time, 
to  establish  such  rules  and  regulations  concerning  the 
exportation  and  transportation  of  live  stock  from  any 
place  within  the  United  States  where  he  may  have  reason 
to  believe  such  diseases  may  exist  into  and  through  any 
State  or  Territory,  including  the  Indian  Territory,  and 
into  and  through  the  District  of  Columbia  and  to  for- 
eign countries,  as  he  may  deem  necessary,  and  all  such 
rules  and  regulations  shall  have  the  force  of  law.  When- 
ever any  inspector  or  assistant  inspector  of  the  Bureau 
of  Animal  Industry  shall  issue  a  certificate  showing  that 
such  officer  had  inspected  any  cattle  or  other  live  stock 
which  were  about  to  be  shipped,  driven,  or  transported 
from  such  locality  to  another,  as  above  stated,  and  had 
found  them  free  from  Texas  or  splenetic  fever  infection, 
pleuropneumonia,  foot  and  mouth  disease,  or  any  other 
infectious,  contagious,  or  communicable  disease,  such  ani- 
mals, so  inspected  and  certified,  may  be  shipped,  driven, 
or  transported  from  such  place  into  and  through  any 
State  or  Territory,  including  the  Indian  Territory,  and 
into  and  through  the  District  of  Columbia,  or  they  may 
be  exported  from  the  United  States  without  further  in- 
spection or  the  exaction  of  fees  of  any  kind,  except  such 
as  may  at  any  time  be  ordered  or  exacted  by  the  Secretary 
of  Agriculture;  and  all  such  animals  shall  at  all  times 
be  under  the  control  and  supervision  t>f  the  Bureau  of 
Animal  Industry  of  the  Agricultural  Department  for  the 
purposes  of  such  inspection. 

Sec.  2.  The  Secretary  of  Agriculture  shall  have  authority  to 

make  such  regulations  and  take  such  measures  as  he  may 
deem  proper  to  prevent  the  introduction  or  dissemination 
of  the  contagion  of  any  contagious,  infectious,  or  com- 
municable disease  of  animals  from  a  foreign  country  into 
the  United  States  or  from  one  State  or  Territory  of  the 
United  States  or  the  District  of  Columbia  to  another,  and 
to  seize,  quarantine,  and  dispose  of  any  hay,  straw,  for- 
age, or  similar  material,  or  any  meats,  hides,  or  other 
animal  products  coming  from  an  infected  foreign  country 
to  the  United  States,  or  from  one  State  or  Territory  or 
the  District  of  Columbia  in  transit  to  another  State  or 
Territory  or  the  District  of  Columbia  whenever  in  his 
judgment  such  action  is  advisable  in  order  to  guard 
against  the  introduction  or  spread       such  contagion. 

sec.  3.  Any  person,  company,  or  corporation  knowingly  vio- 

lating the  provisions  of  this  Act  or  the  orders  or  regula- 


PART    XXXI. CATTLE,    LIVE    STOCK,   AND   DAIRY    TRADE.  337 

tions  made  in  pursuance  thereof  shall  be  guilty  of  a  mis- 
demeanor, and  on  conviction  shall  be  punished  by  a  fine 
of  not  less  than  one  hundred  dollars  nor  more  than  one 
thousand  dollars,  or  by  imprisonment  not  more  than  one 
year,  or  by  both  such  line  and  imprisonment. 
361.  Care  of  cattle  in  domestic  trade. 

No  railroad,  express  company,  car  company,  common  June  29,  1906. 
carrier  other  than  by  water,  or  the  receiver,  trustee,  or 
lessee  of  any  of  them,  whose  road  forms  any  part  of  a  line 
of  road  over  which  cattle,  sheep,  swine,  or  other  animals 
shall  be  conveyed  from  one  State  or  Territory  or  the 
District  of  Columbia  into  or  through  another  State  or 
Territory  or  the  District  of  Columbia,  or  the  owners  or 
masters  of  steam,  sailing,  or  other  vessels  carrying  or 
transporting  cattle,  sheep,  swine,  or  other  animals  from 
one  State  or  Territory  or  the  District  of  Columbia  into  or 
through  another  State  or  Territory  or  the  District  of 
Columbia,  shall  confine  the  same  in  cars,  boats,  or  vessels 
of  any  description  for  a  period  longer  than  twenty-eight 
consecutive  hours  without  unloading  the  same  in  a  hu- 
mane manner,  into  properly  equipped  pens  for  rest, 
water,  and  feeding,  for  a  period  of  at  least  five  consecu- 
tive hours,  unless  prevented  by  storm  or  by  other  acci- 
dental or  unavoidable  causes  which  can  not  be  anticipated 
or  avoided  by  the  exercise  of  due  diligence  and  foresight: 
Provided,  That  upon  the  written  request  of  the  owner  or 
person  in  custody  of  that  particular  shipment,  which 
written  request  shall  be  separate  and  apart  from  any 
printed  bill  of  lading,  or  other  railroad  form,  the  time  of 
confinement  may  be  extended  to  thirty-six  hours.  In 
estimating  such  confinement,  the  time  consumed  in  load- 
ing and  unloading  shall  not  be  considered,  but  the  time 
during  which  the  animals  have  been  confined  without 
such  rest  or  food  or  water  on  connecting  roads  shall  be 
included,  it  being  the  intent  of  this  Act  to  prohibit  their 
continuous  confinement  beyond  the  period  of  twenty- 
eight  hours,  except  upon  the  contingencies  hereinbefore 
stated:  Provided,  That  it  shall  not  be  required  that 
sheep  be  unloaded  in  the  nighttime,  but  where  the  time 
expires  in  the  nighttime  in  case  of  sheep  the  same  may 
continue  in  transit  to  a  suitable  place  for  unloading,  sub- 
ject to  the  aforesaid  limitation  of  thirty-six  hours. 

Animals  so  unloaded  shall  be  properly  fed  and  watered  sec  2, 
during  such  rest  either  by  the  owner  or  person  having  the 
custody  thereof,  or  in  case  of  his  default  in  so  doing,  then 
by  the  railroad,  express  company,  car  company,  common 
carrier  other  than  by  water,  or  the  receiver,  trustee,  or 
lessee  of  any  of  them,  or  by  the  owners  or  masters  of 
boats  or  vessels  transporting  the  same,  at  the  reasonable 
expense  of  the  owner  or  person  in  custody  thereof,  and 
such  railroad,  express  company,  car  company,  common, 
carrier  other  than  by  water,  receiver,  trustee,  or  lessee  of 

143562°— 19 22 


238  NAVIGATION    LAWS   OF   THE   UNITED   STATES. 

any  of  them,  owners  or  masters,  shall  in  such  case  have  a 
lien  upon  such  animals  for  food,  care,  and  custody  fur- 
nished, collectible  at  their  destination  in  the  same  manner 
as  the  transportation  charges  are  collected,  and  shall  not 
be  liable  for  any  detention  of  such  animals,  when  such 
detention  is  of  reasonable  duration,  to  enable  compliance 
with  section  one  of  this  Act ;  but  nothing  in  this  section 
shall  be  construed  to  prevent  the  owner  or  shipper  of 
animals  from  furnishing  food  therefor,  if  he  so  desires, 

sec.3.  Any  railroad,  express  company,  car  company,  common 

carrier  other  than  by  water,  or  the  receiver,  trustee,  or 
lessee  of  any  of  them,  or  the  master  or  owner  of  any 
steam,  sailing,  or  other  vessel  who  knowingly  and  will- 
fully fails  to  comply  with  the  provisions  of  the  two  pre- 
ceding sections  shall  for  every  such  failure  be  liable  for 
and  forfeit  and  pay  a  penalty  of  not  less  than  one  hun- 
dred nor  more  than  five  hundred  dollars:  Provided,  That 
when  animals  are  carried  in  cars,  boats,  or  other  vessels 
in  which  they  can  and  do  have  proper  food,  water,  space, 
and  opportunity  to  rest  the  provisions  in  regard  to  their 
being  unloaded  shall  not  apply. 

sec.  4.  The  penalty  created  by  the  preceding  section  shall  be 

recovered  by  civil  action  in  the  name  of  the  United  States 
in  the  circuit  or  district  court  holclen  within  the  district 
where  the  violation  may  have  been  committed  or  the  per- 
son or  corporation  resides  or  carries  on  business;  and  it 
shall  be  the  duty  of  United  States  attorneys  to  prosecute 
all  violations  of  this  Act  reported  by  the  Secretary  of 
Agriculture,  or  which  come  to  their  notice  or  knowledge 
by  other  means. 

Mar.  3,  1905.      No  railroad  company  or  the  owners  or  masters  of  any 

Sec  2.  steam  or  sailing  or  other  vessel  or  boat  shall  receive  for 

transportation  or  transport  from  any  quarantined  State 
or  Territory  or  the  District  of  Columbia,  or  from  the 
quarantined  portion  of  any  State  or  Territory  or  the  Dis- 
trict of  Columbia,  into  any  other  State  or  Territory  or 
the  District  of  Columbia,  any  cattle  or  other  live  stock, 
except  as  hereinafter  provided;  nor  shall  any  person, 
company,  or  corporation  deliver  for  such  transportation 
to  any  railroad  company,  or  to  the  master  or  owner  of 
any  boat  or  vessel,  any  cattle  or  other  live  stock,  except 
as  hereinafter  provided ;  nor  shall  any  person,  company; 
or  corporation  drive  on  foot,  or  cause  to  be  driven  on 
foot,  or  transport  in  private  conveyance  or  cause  to  be 
transported  in  private  conveyance,  from  a  quarantined 
State  or  Territory  or  the  District  of  Columbia,  or  from 
the  quarantined  portion  of  any  State  or  Territory  or  the 
District  of  Columbia,  into  any  other  State  or  Territory 
or  the  District  of  Columbia,  any  cattle  or  other  live  stock, 
except  as  hereinafter  provided. 

Sec.4.  Cattle  or  other  live  stock  may  be  moved  from  a  quaran- 

tined State  or  Territory  or  the  District  of  Columbia,  or 


PART   XXXI. CATTLE,    LIVE    STOCK,   AND   DAIRY    TRADE.  339 

from  the  quarantined  portion  of  any  State  or  Territory 
or  the  District  of  Columbia,  into  any  other  State  or  Ter- 
ritory or  the  District  of  Columbia,  under  and  in  com- 
pliance with  the  rules  and  regulations  of  the  Secretary  of 
Agriculture,  made  and  promulgated  in  pursuance  of  the 
provisions  of  section  three  of  this  Act;  but  it  shall  be 
unlawful  to  move,  or  to  allow  to  be  moved,  any  cattle  or 
other  live  stock  from  any  quarantined  State  or  Territory 
or  the  District  of  Columbia,  or  from  the  quarantined  por- 
tion of  any  State  or  Territory  or  the  District  of  Colum- 
bia, into  any  other  State  or  Territory  or  the  District  of 
Columbia,  in  manner  or  method  or  under  conditions  other 
than  those  prescribed  bj^  the  Secretary  of  Agriculture. 

Any  person,  company,  or  corporation  violating  the  Sec- 6- 
provisions  of  sections  two  or  four  of  this  Act  shall  be 
guilty  of  a  misdemeanor,  and  on  conviction  shall  be  pun- 
ished by  a  fine  of  not  less  than  one  hundred  dollars  nor 
more  than  one  thousand  dollars,  or  by  imprisonment  not 
more  than  one  year,  or  by  both  such  fine  or  imprisonment. 
362.  Neat  cattle. 

The  importation  of  neat  cattle  and  the  hides  of  neat  Aug.  27,  isol 
cattle  from  any  foreign  country  into  the  United  States  is  July1!*,  1897. 
prohibited:  Provided,  That  the  operation  of  this  section  fuCg2|' 1909 
shall  be  suspended  as  to  any  foreign  country  or  countries,  Sees.  12, 1*3. 
or  any  parts  of  such  country  or  countries,  whenever  the 
Secretary  of  the  Treasury  shall  officially  determine,  and 
give  public  notice  thereof  that  such  importation  will  not 
tend  to  the  introduction  or  spread  of  contagious  or  infec- 
tious diseases  among  the  cattle  of  the  United  States ;  and 
the  Secretary  of  the  Treasury  is  hereby  authorized  and 
empowered,  and  it  shall  be  his  duty,  to  make  all  necessary 
orders  and  regulations  to  carry  this  section  into  effect,  or 
to  suspend  the  same  as  herein  provided,  and  to  send 
copies  thereof  to  the  proper  officers  in  the  United  States, 
and  to  such  officers  or  agents  of  the  United  States  in  for- 
eign countries  as  he  shall  judge  necessary. 

Any  person  convicted  of  a  willful  violation  of  any  of  Aug.  27, 1894. 
the  provisions  of  the  preceding  section  shall  be  fined  not  fu^fi,  1397. 
exceeding  five  hundred  dollars,  or  imprisoned  not  exceed-  Sec-2"6-' 
ing  one  year,  or  both,  in  the  discretion  of  the  court. 

Whenever  the  Secretary  of  Agriculture  shall  certify  to  Apr.  25,  1896. 
the  President  of  the  United  States  what  countries  or  parts 
of  countries  are  free  from  contagious  or  infectious  diseases 
of  domestic  animals,  and  that  neat  cattle,  domestic  ani- 
mals, and  hides  can  be  imported  from  such  countries  with- 
out danger  to  the  domestic  animals  of  the  United  States, 
the  President  of  the  United  States  may  suspend  the  pro- 
hibition of  the  importation  of  neat  cattle,  domestic  ani- 
mals, and  hides,  in  the  manner  provided  by  law.  That  Apr.  23,  1897. 
the  President  be,  and  he  is  hereby,  authorized  to  cause 
correspondence  and  negotiation  to  be  had,  through  the 
Department  of  State  or  otherwise,  with  the  authorities 


340  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

of  the  Kingdom  of  Great  Britain,  for  the  purpose  of 
securing  the  abrogation  or  modification  of  the  regulations 
now  enforced  by  said  authorities  which  require  cattle 
imported  into  Great  Britain  from  the  United  States  of 
America  to  be  slaughtered  at  the  port  of  entry,  and  pro- 
hibiting the  same  from  being  carried  alive  to  other  places 
in  said  Kingdom. 
363.  Inspection  of  butter  and  dairy  products. 

secy59'  1902'  All  parts  of  an  Act  providing  for  an  inspection  of 
meats  for  exportation,  approved  August  thirtieth,  eight- 
een hundred  and  ninety,  and  of  an  Act  to  provide  for  the 
inspection  of  live  cattle,  hogs,  and  the  carcasses  and  prod- 
ucts thereof  which  are  the  subjects  of  interstate  commerce, 
approved  March  third,  eighteen  hundred  and  ninety-one, 
and  of  amendment  thereto  approved  March  second,  eight- 
een hundred  and  ninety-five,  which  are  applicable  to  the 
subjects  and  purposes  described  in  this  section  shall  apply 
to  process  or  renovated  butter.  And  the  Secretary  of 
Agriculture  is  hereby  authorized  and  required  to  cause  a 
rigid  sanitary  inspection  to  be  made,  at  such  times  as  he 
may  deem  proper  or  necessary,  of  all  factories  and  store- 
houses where  process  or  renovated  biltter  is  manufactured, 
packed,  or  prepared  for  market,  and  of  the  products 
thereof  and  materials  going  into  the  manufacture  of  the 
same.  All  process  or  renovated  butter  and  the  packages 
containing  the  same  shall  be  marked  with  the  words  "  Ren- 
ovated Butter  "  or  "  Process  Butter  "  and  by  such  other 
marks,  labels,  or  brands  and  in  such  manner  as  may  be 
prescribed  by  the  Secretary  of  Agriculture,  and  no  proc- 
ess or  renovated  butter  shall  be  shipped  or  transported 
from  its  place  of  manufacture  into  any  other  State  or 
Territory  or  the  District  of  Columbia,  or  to  any  foreign 
country,  until  it  has  been  marked  as  provided  in  this  sec- 
tion. The  Secretary  of  Agriculture  shall  make  all  needful 
regulations  for  carrying  this  section  into  effect,  and  shall 
cause  to  be  ascertained  and  reported  from  time  to  time  the 
quantity  and  quality  of  process  or  renovated  butter  manu- 
factured, and  the  character  and  the  condition  of  the  mate- 
rial from  which  it  is  made.  And  he  shall  also  have  power 
to  ascertain  whether  or  not  materials  used  in  the  manufac- 
ture of  said  process  or  renovated  butter  are  deleterious  to 
health  or  unwholesome  in  the  finished  product,  and  in  case 
such  deleterious  or  unwholesome  materials  are  found  to  be 
used  in  product  intended  for  exportation  or  shipment  into 
other  States  or  in  course  of  exportation  or  shipment  he 
shall  have  power  to  confiscate  the  same.  Any  person, 
firm,  or  corporation  violating  any  of  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor  and  on 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  fifty  dollars  nor  more  than  five  hundred  dollars  or 
by  imprisonment  not  less  than  one  month  nor  more  than 
six  months,  or  by  both  said  punishments,  in  the  discretion 
of  the  court. 


PART  XXXI. CATTLE,   LIVE   STOCK,  AND  DAIRY   TRADE.         341 

The  Act  of  March  third,  eighteen  hundred  and  ninety-  Mar.  2,  1901. 
one,  as  amended  March  second,  eighteen  hundred  and  Mar.  4,  1907.' 
ninety-five,  for  the  inspection  of  live  cattle  and  products 
thereof,  shall  be  deemed  to  include  dairy  products  in- 
tended for  exportation  to  any  foreign  country,  and  the 
Secretary  of  Agriculture  may  apply,  under  rules  and 
regulations  to  be  prescribed  by  him,  the  provisions  of 
said  Act  for  inspection  and  certification  appropriate  for 
ascertaining  the  purity  and  quality  of  such  products, 
and  may  cause  the  same  to  be  so  marked,  stamped,  or 
labeled  as  to  secure  their  identity  and  make  known  in  the 
markets  of  foreign  countries  to  which  they  may  be  sent 
from  the  United  States  their  purity,  quality,  and  grade ; 
and  all  the  provisions  of  said  Act  relating  to  live  cattle 
and  products  thereof  for  export  shall  apply  to  dairy 
products  so  inspected  and  certified. 


Part  XXXTL— ADULTERATED  PRODUCTS. 


364.  General  provision.  |  365.  Adulterated  food  products. 

364.  General  provision. 

June  30, 1906.  The  Secretary  of  Agriculture,  whenever  he  has  reason 
to  believe  that  any  articles  are  being  imported  from  for- 
eign countries  which  are  dangerous  to  the  health  of  the 
people  of  the  United  States,  or  which  shall  be  falsely 
labeled  or  branded  either  as  to  their  contents  or  as  to  the 
place  of  their  manufacture  or  production,  shall  make  a 
request  upon  the  Secretary  of  the  Treasury  for  samples 
from  original  packages  of  such  articles  for  inspection  and 
analysis,  and  the  Secretary  of  the  Treasury  is  hereby 
authorized  to  open  such  original  packages  and  deliver 
specimens  to  the  Secretary  of  Agriculture  for  the  pur- 
pose mentioned,  giving  notice  to  the  owner  or  consignee 
of  the  sampling  of  such  articles,  who  may  be  present  and 
have  the  right  to  introduce  testimony  before  the  Secretary 
of  Agriculture,  or  his  representative,  either  in  person  or 
by  agent,  concerning  the  suitability  of  such  articles  for 
entry ;  and  the  Secretary  of  the  Treasury  shall  refuse  de- 
livery to  the  consignee  of  any  such  goods  which  the  Sec- 
retary of  Agriculture  reports  to  him  have  been  inspected 
and  analyzed  and  found  to  be  dangerous  to  health  or 
falsely  labeled  or  branded,  either  as  to  their  contents  or 
as  to  the  place  of  their  manufacture  or  production,  or 
which  are  forbidden  entry  or  to  be  sold,  or  are  restricted 
in  sale  in  the  countries  in  which  they  are  made  or  from 
which  they  are  exported. 

365.  Adulterated  food  products. 

Aug.  30,  1890.      It  shall  be  unlawful  to  import  into  the  United  States 
sec.  2.  any  adulterated  or  unwholesome  food  or  drug  or  any 

vinous,  spirituous  or  malt  liquors,  adulterated  or  mixed 
with  any  poisonous  or  noxious  chemical  drug  or  other 
ingredient  injurious  to  health.  Any  person  who  shall 
knowingly  import  into  the  United  States  any  such  adul- 
terated food  or  drug,  or  drink,  knowing  or  having  rea- 
sons to  believe  the  same  to  be  adulterated,  being  the  owner 
or  the  agent  of  the  owner,  or  the  consignor  or  consignee 
of  the  owner,  or  in  privity  with  them,  assisting  in  such 
unlawful  act,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  liable  to  prosecution  therefor  in  the  district  court  of 
the  United  States  for  the  district  into  which  such  prop- 
erty is  imported ;  and,  on  conviction,  such  person  shall  be 
342 


PART  XXXII. ADULTERATED  PRODUCTS.  343 

fined  in  a  sum  not  exceeding  one  thousand  dollars  for 
each  separate  shipment,  and  may  be  imprisoned  by  the 
court  for  a  term  not  exceeding  one  year,  or  both,  at  the 
discretion  of  the  court. 

Any  article  designed  for  consumption  as  human  food  sec.  3. 
or  drink,  and  any  other  article  of  the  classes  or  descrip- 
tion mentioned  in  this  act,  which  shall  be  imported  into 
the  United  States  contrary  to  its  provisions,  shall  be  for- 
feited to  the  United  States,  and  shall  be  proceeded  against 
under  the  provisions  of  chapter  eighteen  of  title  thirteen 
of  the  Revised  Statutes  of  the  United  States  [R.  S.,  911- 
1042] ; 

And  such  imported  property  so  declared  forfeited  may 
be  destroyed  or  returned  to  the  importer  for  exportation 
from  the  United  States  after  the  payment  of  all  costs  and 
expenses,  under  such  regulations  as  the  Secretary  of  the 
Treasury  may  prescribe ; 

And  the  Secretary  of  the  Treasury  may  cause  such 
imported  articles  to  be  inspected  or  examined  in  order  to 
ascertain  whether  the  same  have  been  so  unlawfully 
imported. 

Whenever  the  President  is  satisfied  that  there  is  good  Sec- 4- 
reason  to  believe  that  any  importation  is  being  made,  or 
is  about  to  be  made,  into  the  United  States,  from  any  for- 
eign country,  of  any  article  used  for  human  food  or  drink 
that  is  adulterated  to  an  extent  dangerous  to  the  health 
or  welfare  of  the  people  of  the  United  States,  or  any  of 
them,  he  may  issue  his  proclamation  suspending  the  im- 
portation of  such  articles  from  such  country,  for  such 
period  of  time  as  he  may  think  necessary  to  prevent  such 
importation ;  and  during  such  period  it  shall  be  unlawful 
to  import  into  the  United  States  from  the  countries  desig- 
nated in  the  proclamation  of  the  President  any  of  the 
articles  the  importation  of  which  is  so  suspended. 

The  introduction  into  any  State  or  Territory  or  the  june  30, 1906. 
District  of  Columbia  from  any  other  State  or  Territory  sec.  2. 
or  the  District  of  Columbia,  or  from  any  foreign  country, 
or  shipment  to  any  foreign  country  of  any  article  of  food 
or  drugs  which  is  adulterated  or  misbranded,  within  the 
meaning  of  this  Act,  is  hereby  prohibited ;  and  any  per- 
son who  shall  ship  or  deliver  for  shipment  from  any  State 
or  Territory  or  the  District  of  Columbia  to  any  other 
State  or  Territory  or  the  District  of  Columbia,  or  to  a 
foreign  country,  or  who  shall  receive  in  any  State  or  Ter- 
ritory or  the  District  of  Columbia  from  any  other  State 
or  Territory  or  the  District  of  Columbia,  or  foreign  coun- 
try, and  having  so  received,  shall  deliver,  in  original  un- 
broken packages,  for  pay  or  otherwise,  or  offer  to  deliver 
to  any  other  person,  any  such  article  so  adulterated  or 
misbranded  within  the  meaning  of  this  Act,  or  any  person 
who  shall  sell  or  offer  for  sale  in  the  District  of  Columbia 
or  the  Territories  of  the  United  States  any  such  adulter- 
ated or  misbranded  foods  or  drugs,  or  export  or  offer  to 


344  NAVIGATION    LAWS    OF    THE    UNITED   STATES. 

export  the  same  to  any  foreign  country,  shall  be  guilty  of 
a  misdemeanor,  and  for  such  offense  be  fined  not  exceed- 
ing two  hundred  dollars  for  the  first  offense,  and  upon 
conviction  for  each  subsequent  offense  not  exceeding  three 
hundred  dollars  or  be  imprisoned  not  exceeding  one  year, 
or  both,  in  the  discretion  of  the  court :  Provided,  That  no 
article  shall  be  deemed  misbranded  or  adulterated  within 
the  provisions  of  this  Act  when  intended  for  export  to 
any  foreign  country  and  prepared  or  packed  according  to 
the  specifications  or  directions  of  the  foreign  purchaser 
when  no  substance  is  used  in  the  preparation  or  packing 
thereof  in  conflict  with  the  laws  of  the  foreign  country  to 
which  said  article  is  intended  to  be  shipped ;  but  if  said 
article  shall  be  in  fact  sold  or  offered  for  sale  for  domes- 
tic use  or  consumption,  then  this  proviso  shall  not  exempt 
said  article  from  the  operation  of  any  of  the  other  pro- 
visions of  this  Act. 

See. 3.  The  Secretary  of  the  Treasury,  the  Secretary  of  Agri- 

culture, and  the  Secretary  of  Commerce  shall  make  uni- 
form rules  and  regulations  for  carrying  out  the  provi- 
sions of  this  Act,  including  the  collection  and  examina- 
tion of  specimens  of  foods  and  drugs  manufactured  or 
offered  for  sale  in  the  District  of  Columbia,  or  in  any 
Territory  of  the  United  States,  or  which  shall  be  offered 
for  sale  in  unbroken  packages  in  any  State  other  than 
that  in  which  they  shall  have  been  respectively  manu- 
factured or  produced,  or  which  shall  be  received  from  any 
foreign  country,  or  intended  for  shipment  to  any  foreign 
country,  or  which  may  be  submitted  for  examination  by 
the  chief  health,  food,  or  drug  officer  of  any  State,  Terri- 
toiy,  or  the  District  of  Columbia,  or  at  any  domestic  or 
foreign  port  through  which  such  product  is  offered  for 
interstate  commerce,  or  for  export  or  import  between  the 
United  States  and  any  foreign  port  or  country. 

Mar.  2,  1897.  It  shall  be  unlawful  for  any  person  or  persons  or  corpo- 
ration to  import  or  bring  into  the  United  States  any  mer- 
chandise as  tea  which  is  inferior  in  purity,  quality,  and 
fitness  for  consumption  to  the  standards  provided  in  sec- 
tion three  of  this  Act,  and  the  importation  of  all  such 
merchandise  is  herewith  prohibited. 

May  ig,  loos.  Provided,  That  nothing  herein  shall  affect  or  prevent 
the  importation  into  the  United  States,  under  such  regu- 
lations as  the  Secretary  of  the  Treasury  may  prescribe, 
of  any  merchandise  as  tea  which  may  be  inferior  in  pur- 
ity, quality,  and  fitness  for  consumption  to  the  standards 
established  by  the  Secretary  of  the  Treasury,  or  of  any 
tea  waste,  tea  siftings,  or  tea  sweepings,  for  the  sole  pur- 
pose of  manufacturing  theine,  caffeine,  or  other  chemical 
products  whereby  the  identity  and  character  of  the  origi- 
nal material  is  entirely  destroyed  or  changed;  and  that 
importers  and  manufacturers  who  import  or  bring  into 
the  United  States  such  tea,  tea  waste,  tea  siftings,  or  tea 


PART  XXXII. ADULTERATED  PRODUCTS.  345 

sweepings  shall  give  suitable  bond,  to  be  approved  as 
to  amount  and  securities  by  the  Secretary  of  the  Treas- 
ury, conditioned  that  said  imported  material  shall  be 
only  used  for  the  purposes  herein  provided,  under  such 
regulations  as  may  be  prescribed  by  the  Secretary  of  the 
Treasury. 


Part  XXXIII.— OPIUM  TRADE. 


Feb.   2?,,  IKS". 


366.   Opium  trade. 

The  importation  of  opium  into  any  of  the  ports  of  the 
United  States  by  any  subject  of  the  Emperor  of  China  is 
hereby  prohibited.  Every  person  guilty  of  a  violation  of 
the  preceding  provision  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  on  conviction  thereof,  shall  be  punished 
by  a  fine  of  not  more  than  five  hundred  dollars  nor  less 
than  fifty  dollars,  or  by  imprisonment  for  a  period  of  not 
more  than  six  months  nor  less  than  thirty  days,  or  by  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  court. 

Every  package  containing  opium,  either  in  whole  or  in 
part,  imported  into  the  United  States  by  any  subject  of 
the  Emperor  of  China,  shall  be  deemed  forfeited  to  the 
United  States;  and  proceedings  for  the  declaration  and 
consequences  of  such  forfeiture  may  be  instituted  in  the 
courts  of  the  United  States  as  in  other  cases  of  the  viola- 
tion of  the  laws  relating  to  other  illegal  importations. 

No  citizen  of  the  United  States  shall  import  opium  into 
any  of  the  open  ports  of  China,  nor  transport  the  same 
from  one  open  port  to  any  other  open  port,  or  buy  or  sell 
opium  in  any  of  such  open  ports  of  China,  nor  shall  any 
vessel  owned  by  citizens  of  the  United  States,  or  any  ves- 
sel, whether  foreign  or  otherwise,  employed  by  any  citi- 
zen of  the  United  States,  or  owned  by  any  citizen  of  the 
United  States,  either  in  whole  or  in  part,  and  employed 
by  persons  not  citizens  of  the  United  States,  take  or  carry 
opium  into  any  of  such  open  ports  of  China,  or  transport 
the  same  from  one  open  port  to  any  other  open  port,  or  be 
engaged  in  any  traffic  therein  between  or  in  such  open 
ports  or  any  of  them.  Citizens  of  the  United  States  of- 
fending against  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars  nor  less  than  fifty  dollars,  or  by  both 
such  punishments,  in  the  discretion  of  the  court. 

The  consular  courts  of  the  United  States  in  China,  con- 
currently with  any  district  court  of  the  United  States  in 
the  district  in  which  any  offender  may  be  found,  shall 
have  jurisdiction  to  hear,  try,  and  determine  all  cases 
arising  under  the  foregoing  provisions  of  this  section, 
subject  to  the  general  regulations  provided  by  law. 


346 


PART    XXXIII. OPIUM    TRADE.  347 

Every  package  of  opium  or  package  containing  opium, 
either  in  whole  or  in  part,  brought,  taken,  or  transported, 
trafficked,  or  dealt  in  contrary  to  the  provisions  of  this 
section,  shall  be  forfeited  to  the  United  States,  for  the 
benefit  of  the  Emperor  of  China ;  and  such  forfeiture,  and 
the  declaration  and  consequences  thereof,  shall  be  made, 
had,  determined,  and  executed  by  the  proper  authorities 
of  the  United  States  exercising  judicial  powers  within  the 
Empire  of  China. 

It  shall  be  unlawful  to  import  into  the  United  States  Feb.  Jf  ^ 
opium  in  any  form  or  any  preparation  or  derivative 
thereof :  Provided,  That  opium  and  preparations  and  de- 
rivatives thereof,  other  than  smoking  opium  or  opium 
prepared  for  smoking,  may  be  imported  for  medicinal 
purposes  only,  under  regulations  which  the  Secretary  of 
the  Treasury  is  hereby  authorized  to  prescribe,  and  when 
so  imported  shall  be  subject  to  the  duties  which  are  now 
or  may  hereafter  be  imposed  by  law. 

If  any  person  shall  fraudulently  or  knowingly  im-  Sec-2- 
port  or  bring  into  the  United  States,  or  assist  in  so  doing, 
any  opium  or  any  preparation  or  derivative  thereof 
contrary  to  law,  or  shall  receive,  conceal,  buy,  sell,  or  in 
any  manner  facilitate  the  transportation,  concealment,  or 
sale  of  such  opium  or  preparation  or  derivative  thereof 
after  importation,  knowing  the  same  to  have  been  im- 
ported contrary  to  law,  such  opium  or  preparation  or  de- 
rivative thereof  shall  be  forfeited  and  shall  be  destroyed, 
and  the  offender  shall  be  fined  in  any  sum  not  exceeding 
$5,000  nor  less  than  $50  or  by  imprisonment  for  any  time 
not  exceeding  two  years,  or  both.  Whenever,  on  trial  for 
a  violation  of  this  section,  the  defendant  is  shown  to  have, 
or  to  have  had,  possession  of  such  opium  or  preparation 
or  derivative  thereof,  such  possession  shall  be  deemed 
sufficient  evidence  to  authorize  conviction  unless  the  de- 
fendant shall  explain  the  possession  to  the  satisfaction  of 
the  jury. 

All  smoking  opium  or  opium  prepared  for  smoking  ,Cec- 3- 
found  within  the  United  States  shall  be  presumed  to  have 
been   imported   after  the   first  day   of   April,   nineteen 
hundred  and  nine,  and  the  burden  of  proof  shall  be  on  the 
claimant  or  the  accused  to  rebut  such  presumption. 

Any  person  subject  to  the  jurisdiction  of  the  United  Sec-4- 
States  who  shall,  either  as  principal  or  as  accessory,  re- 
ceive or  have  in  his  possession,  or  conceal  on  board  of  or 
transport  on  any  foreign  or  domestic  vessel  or  other  water 
craft  or  railroad  car  or  other  vehicle  destined  to  or 
bound  from  the  United  States  or  any  possession  thereof, 
any  smoking  opium  or  opium  prepared  for  smoking,  or 
who,  having  knowledge  of  the  presence  in  or  on  any  such 
vessel,  water  craft,  or  vehicle  of  such  article,  shall  not 
report  the  same  to  the  principal  officer  thereof,  shall  be 
subject  to  the  penalty  provided  in  section  two  of  this  Act. 
Whenever  on  trial  for  violation  of  this  section  the  de- 


348  NAVIGATION   LAWS   OP   THE   UNITED   STATES. 

fendant  is  shown  to  have  or  to  have  had  possession  of 
such  opium,  such  possession  shall  be  deemed  sufficient 
evidence  to  authorize  conviction,  unless  the  defendant 
shall  explain  the  possession  to  the  satisfaction  of  the  jury : 
Provided,  however,  That  any  master  of  a  vessel  or  other 
water  craft,  or  person  in  charge  of  a  railroad  car  or  other 
vehicle,  shall  not  be  liable  under  this  section  if  he  shall 
satisfy  the  jury  that  he  had  no  knowledge  and  used  due 
diligence  to  prevent  the  presence  of  such  article  in  or  on 
such  vessel,  water  craft,  car,  or  other  vessel,  and  any 
such  article  shall  be  forfeited  and  shall  be  destroyed. 

Sec-5-  No  smoking  opium  or  opium  prepared  for  smoking 

shall  be  admitted  into  the  United  States,  or  into  any 
territory  under  the  control  or  jurisdiction  thereof,  for 
transportation  to  another  country,  nor  shall  such  opium 
be  transferred  or  transshipped  from  one  vessel  to  another 
vessel  within  any  waters  of  the  United  States  for  imme- 
diate exportation  or  any  other  purpose. 

Sec.  6.  Hereafter  it  shall  be  unlawful  for  any  person  subject 

to  the  jurisdiction  of  the  United  States  to  export  or 
cause  to  be  exported  from  the  United  States,  or  from 
territory  under  its  control  or  jurisdiction,  or  from  coun- 
tries in  which  the  United  States  exercises  extraterritorial 
jurisdiction,  any  opium  or  cocaine,  or  any  salt,  derivative, 
or  preparation  of  opium  or  cocaine,  to  any  other  country: 
Provided,  That  opium  or  cocaine,  and  salts,  derivatives, 
or  preparations  thereof,  except  smoking  opium  or  opium 
prepared  for  smoking,  the  exportation  of  which  is  hereby 
absolutely  prohibited,  may  be  exported  to  countries  regu- 
lating their  entry  under  such  regulations  as  are  prescribed 
by  such  country  for  the  importation  thereof  into  such 
country,  such  regulations  to  be  promulgated  from  time  to 
time  by  the  Secretary  of  State  of  the  United  States. 

The  Secretary  of  State  shall  request  all  foreign  Gov- 
ernments to  communicate  through  the  diplomatic  chan- 
nels copies  of  laws  and  regulations  promulgated  in  their 
respective  countries  which  prohibit  or  regulate  the  im- 
portation of  the  aforesaid  drugs,  and  when  received  ad- 
vise the  Secretary  of  the  Treasury  and  the  Secretary  of 
Commerce  thereof ;  whereupon  the  Secretary  of  State,  the 
Secretary  of  the  Treasury,  and  the  Secretary  of  Com- 
merce shall  make  and  publish  all  proper  regulations  for 
carrying  the  provisions  of  this  section  into  effect. 

Sec-  7-  Any  person  who  exports  or  causes  to  be  exported  any 

of  the  aforesaid  drugs  in  violation  of  the  preceding  sec- 
tion shall  be  fined  in  any  sum  not  exceeding  $5,000  nor 
less  than  $50  or  by  imprisonment  for  any  time  not  exceed- 
ing two  years,  or  both.  And  one-half  of  any  fine  recov- 
ered from  any  person  or  persons  convicted  of  an  offense 
under  any  section  of  this  Act  may  be  paid  to  the  person  or 
persons  giving  information  leading  to  such  recovery,  and 
one-half  of  any  bail  forfeited  and  collected  in  any  pro- 
ceedings brought  under  this  Act  may  be  paid  to  the  per- 
son or  persons  giving  the  information  which  led  to  the 


PART   XXXIII. OPIUM    TRADE.  349 

institution  of  such  proceedings,  if  so  directed  by  the  court 
exercising  jurisdiction  in  the  case:  Provided,  That  no 
payment  for  giving  information  shall  be  made  to  any 
officer  or  employee  of  the  United  States. 

Whenever  opium  or  cocaine  or  any  preparations  or  Sec.  8. 
derivatives  thereof  shall  be  found  upon  any  vessel  arriv- 
ing at  any  port  of  the  United  States  which  is  not  shown 
upon  the  vessel's  manifest,  as  is  provided  by  sections 
twenty-eight  hundred  and  six  and  twenty-eight  hundred 
and  seven  of  the  Revised  Statutes,  such  vessel  shall  be 
liable  for  the  penalty  and  forfeiture  prescribed  in  section 
twenty-eight  hundred  and  nine  of  the  Revised  Statutes. 


Part  XXXIV.— RULES   TO   PREVENT   COLLISIONS. 


367.  Duty  to  stay  by. 

368.  Motor  boat  law. 

368  (a).   Numbering  motor  boats. 

368  (b).  Taxes  on  water  transporta- 
tion ;  sale  and  use  of  motor 
boats. 

369.  International  rules  of  1897. 

370.  Consideration  of  future  rules. 

371.  Inland  rules  of  1897. 

372.  Limits  of  application  of  interna- 

tional and  inland  or  local  rules. 


373.  Rules   for  the  Great  Lakes  and 

the  St.  Lawrence  River  as  far 
east  as  Montreal. 

374.  Rides  for  the  Red  River  of  the 

North,  and  rivers  emptying 
into  Gulf  of  Mexico,  and  their 
tributaries. 

375.  River  navigation. 

376.  Rules  for  the  St.  Marys  River. 

377.  Regattas  and  marine  parades. 


Sept.  4, 


367.   Duty  to  stay  by. 

In  every  case  of  collision  between  two  vessels  it  shall  be 
the  duty  of  the  master  or  person  in  charge  of  each  vessel, 
if  and  so  far  as  he  can  do  so  without  serious  danger  to  his 
own  vessel,  crew,  and  passengers  (if  any),  to  stay  by  the 
other  vessel  until  he  has  ascertained  that  she  has  no  need 
of  further  assistance,  and  to  render  to  the  other  vessel, 
her  master,  crew,  and  passengers  (if  any),  such  assist- 
ance as  may  be  practicable  and  as  may  be  necessary  in 
order  to  save  them  from  any  danger  caused  by  the  colli- 
sion, and  also  to  give  to  the  master  or  person  in  charge 
of  the  other  vessel  the  name  of  his  own  vessel  and  her 
port  of  registry,  or  the  port  or  place  to  which  she  belongs, 
and  also  the  name  of  the  ports  and  places  from  which 
and  to  which  she  is  bound. 

If  he  fails  so  to  do,  and  no  reasonable  cause  for  such 
failure  is  shown,  the  collision  shall,  in  the  absence  of 
proof  to  the  contrary,  be  deemed  to  have  been  caused  by 
his  wrongful  act,  neglect,  or  default. 

Every  master  or  person  in  charge  of  a  United  States 
vessel  who  fails,  without  reasonable  cause,  to  render  such 
assistance  or  give  such  information  as  aforesaid  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  liable  to  a 
penalty  of  one  thousand  dollars,  or  imprisonment  for  a 
term  not  exceeding  two  years ;  and  for  the  above  sum  the 
vessel  shall  be  liable  and  may  be  seized  and  proceeded 
against  by  process  in  any  district  court  of  the  United 
States  by  any  person ;  one-half  such  sum  to  be  payable  to 
the  informer  and  the  other  half  to  the  United  States. 


June  9,   1910. 


350 


368.   Motor  boat  law. 

The  words  "  motor  boat 


where  used  in  this  Act  shall 


include  every  vessel  propelled  by  machinery  and  not  more 
than  sixty-five  feet  in  length  except  tug  boats  and  tow 
boats  propelled  by  steam.  The  length  shall  be  measured 
from  end  to  end  over  the  deck,  excluding  sheer:  Pro- 


PART   XXXIV. RULES   TO   PREVENT   COLLISIONS.  351 

vided,  That  the  engine,  boiler,  or  other  operating  ma- 
chinery shall  be 'subject  to  inspection  by  the  local  in- 
spectors of  steam  vessels,  and  to  their  approval  of  the  de- 
sign thereof,  on  all  said  motor  boats,  which  are  more  than 
forty  feet  in  length,  and  which  are  propelled  by  ma- 
chinery driven  by  steam. 

Motor  boats  subject  to  the  provisions  of  this  Act  shall    Sec-  2- 
be  divided  into  classes  as  follows: 

Class  one.  Less  than  twenty-six  feet  in  length. 

Class  two.  Twenty-six  feet  or  over  and  less  than  forty 
feet  in  length. 

Class  three.  Forty  feet  or  over  and  not  more  than  sixty- 
five  feet  in  length. 

Every  motor  boat  in  all  weathers  from  sunset  to  sun-    sec.  3. 
rise  shall  carry  the  following  lights,  and  during  such 
time  no  other  lights  which  may  be  mistaken  for  those 
prescribed  shall  be  exhibited. 

(a)  Every  motor  boat  of  class  one  shall  carry  the  fol- 
lowing lights: 

First.  A  white  light  aft  to  show  all  around  the  horizon. 

Second.  A  combined  lantern  in  the  forepart  of  the  ves- 
sel and  lower  than  the  white  light  aft  showing  green  to 
starboard  and  red  to  port,  so  fixed  as  to  throw  the  light 
from  right  ahead  to  two  points  abaft  the  beam  on  their 
respective  sides. 

(b)  Every  motor  boat  of  classes  two  and  three  shall 
carry  the  following  lights : 

First.  A  bright  white  light  in  the  fore  part  of  the  ves- 
sel as  near  the  stem  as  practicable,  so  constructed  as  to 
show  an  unbroken  light  over  an  arc  of  the  horizon  of 
twenty  points  of  the  compass,  so  fixed  as  to  throw  the 
light  ten  points  on  each  side  of  the  vessel,  namely,  from 
right  ahead  to  two  points  abaft  the  beam  on  either  side. 
The  glass  or  lens  shall  be  of  not  less  than  the  following 
dimensions : 

Class  two.    Nineteen  square  inches. 

Class  three.  Thirty-one  square  inches. 

Second.  A  white  light  aft  to  show  all  around  the 
horizon. 

Third.  On  the  starboard  side  a  green  light  so  con- 
structed as  to  show  an  unbroken  light  over  an  arc  of  the 
horizon  of  ten  points  of  the  compass,  so  fixed  as  to  throw 
the  light  from  right  ahead  to  two  points  abaft  the  beam 
on  the  starboard  side.  On  the  port  side  a  red  light  so 
constructed  as  to  show  an  unbroken  light  over  an  arc  of 
the  horizon  of  ten  points  of  the  compass,  so  fixed  as  to 
throw  the  light  from  right  ahead  to  two  points  abaft  the 
beam  on  the  port  side.  The  glasses  or  lenses  in  the  said 
side  lights  shall  be  of  not  less  than  the  following  dimen- 
sions on  motor  boats  of — 

Class  two.  Sixteen  square  inches. 

Class  three.  Twenty-five  square  inches. 

On  and  after  July  first,  nineteen  hundred  and  eleven, 
all  glasses  or  lenses  prescribed  by  paragraph  (b)  of  sec- 


352  NAVIGATION  LAWS  OF   THE   UNITED  STATES. 

tion  three  shall  be  fresnal  or  fluted.  The  said  lights  shall 
be  fitted  with  inboard  screens  of  sufficient  height  and  so 
set  as  to  prevent  these  lights  from  being  seen  across  the 
bow  and  shall  be  of  not  less  than  the  following  dimen- 
sions on  motor  boats  of — 

Class  two.  Eighteen  inches  long. 

Class  three.  Twenty-four  inches  long:  Provided,  That 
motor  boats  as  defined  in  this  Act,  when  propelled  by 
sail  and  machinery  or  under  sail  alone,  shall  carry  the 
colored  lights  suitably  screened  but  not  the  white  lights 
prescribed  by  this  section. 
Scc"  4"  (a)  Every  motor  boat  under  the  provisions  of  this  Act 

shall  be*  provided  with  a  whistle  or  other  sound-produc- 
ing mechanical  appliance  capable  of  producing  a  blast 
of  two  seconds  or  more  in  duration,  and  in  the  case  of 
such  boats  so  provided  a  blast  of  at  least  two  seconds 
shall  be  deemed  a  prolonged  blast  within  the  meaning  of 
the  law. 

(b)  Every  motor  boat  of  class  two  or  three  shall  carry 
an  efficient  fog  horn. 

(c)  Every  motor  boat  of  class  two  or  three  shall  be 
provided  with  an  efficient  bell,  which  shall  be  not  less 
than  eight  inches  across  the  mouth  on  board  of  vessels 
of  class  three. 

Sec-  5-  Every  motor  boat  subject  to  any  of  the  provisions  of 

this  Act,  and  also  all  vessels  propelled  by  machinery  other 
than  by  steam  more  than  sixty-five  feet  in  length,  shall 
carry  either  life-preservers  or  life  belts,  or  buoyant 
cushions,  or  ring  buoys  or  other  device,  to  be  pre- 
scribed by  the  Secretary  of  Commerce,  sufficient  to  sustain 
afloat  every  person  on  board  and  so  placed  as  to  be 
readily  accessible.  All  motor  boats  carrying  passengers 
for  hire  shall  carry  one  life-preserver  of  the  sort  pre- 
scribed by  the  regulations  of  the  board  of  supervising 
inspectors  for  every  passenger  carried,  and  no  such  boat 
while  so  carrying  passengers  for  hire  shall  be  operated 
or  navigated  except  in  charge  of  a  person  duly  licensed 
for  such  service  by  the  local  board  of  inspectors.  No 
examination  shall  be  required  as  the  condition  of  obtain- 
ing such  a  license,  and  any  such  licensee  shall  be  revoked 
or  suspended  by  the  local  board  of  inspectors  for  mis- 
conduct, gross  negligence,  recklessness  in  navigation,  in- 
temperance, or  violation  of  law  on  the  part  of  the  holder, 
and  if  revoked  the  person  holding  such  license  shall  be 
incapable  of  obtaining  another  such  license  for  one  year 
from  the  date  of  revocation :  Provided,  That  motor  boats 
shall  not  be  required  to  carry  licensed  officers,  except  as 
required  in  this  Act. 

sec.  6.  Every  motor  boat  and  also  every  vessel  propelled  by 

machinery  other  than  by  steam,  more  than  sixty-five  feet 
in  length,  shall  carry  ready  for  immediate  use  the  means 
of  promptly  and  effectually  extinguishing  burning  gaso- 
line. 


PART   XXXIV. — RULES  TO   PREVENT   COLLISIONS.  353 

A  fine  not  exceeding  one  hundred  dollars  may  be  im-  Sec-  7- 
posed  for  any  violation  of  this  Act.  The  motor  boat  shall 
be  liable  for  the  said  penalty  and  may  be  seized  and  pro- 
ceeded against,  by  way  of  libel,  in  the  district  court  of  the 
United  States  for  any  district  within  which  such  vessel 
may  be  found. 

The  Secretary  of  Commerce  shall  make  such  regula-  Sec*  8> 
tions  as  may  be  necessary  to  secure  the  proper  execution 
of  this  Act  by  collectors  of  customs  and  other  officers  of 
the  Government.  And  the  Secretary  of  the  Department 
of  Commerce  may,  upon  application  therefor,  remit  or 
mitigate  any  fine,  penalty,  or  forfeiture  relating  to  motor 
boats  except  for  failure  to  observe  the  provisions  of  sec- 
tion six  of  this  Act. 

All  laws  and  parts  of  laws  only  in  so  far  as  they  are    Sec-  9- 
in  conflict  herewith  are  hereby  repealed :  Provided,  That 
nothing  in  this  Act  shall  be  deemed  to  alter  or  amend 
Acts  of  Congress  embodying  or  revising  international 
rules  for  preventing  collisions  at  sea. 
368  (a).   Numbering  motor  boats. 

Every  undocumented  vessel,  operated  in  whole  or  June  7'  1918- 
in  part  by  machinery,  owned  in  the  United  States  and 
found  on  the  navigable  waters  thereof,  except  public  ves- 
sels, and  vessels  not  exceeding  sixteen  feet  in  length 
measured  from  end  to  end  over  the  deck  excluding  sheer, 
temporarily  equipped  with  detachable  motors,  shall  be 
numbered.  Such  numbers  shall  be  not  less  in  size  than 
three  inches  and  painted  or  attached  to  each  bow  of  the 
vessel  in  such  manner  and  color  as  to  be  distinctly  visible 
and  legible. 

That  the  said  numbers,  on  application  of  the  owner  or  Sec-  2- 
master,  shall  be  awarded  by  the  collector  of  customs  of 
the  district  in  which  the  vessel  is  owned  and  a  record 
thereof  kept  in  the  customhouse  of  the  district  in  which 
the  owner  or  managing  owner  resides.  No  numbers  not 
so  awarded  shall  be  carried  on  the  bows  of  such  vessel. 

That  notice  of  destruction  or  abandonment  of  such  ves-  Sec-  3- 
sels  or  change  in  their  ownership  shall  be  furnished 
within  ten  days  by  the  owners  to  the  collectors  of  customs 
of  the  districts  where  such  numbers  were  awarded.  Such 
vessel  sold  into  another  customs  district  may  be  num- 
bered anew  in  the  latter  district. 

That  the  penalty  for  violation  of  any  provision  of  this  Sec"  4* 
Act  shall  be  $10,  for  which  the  vessel  shall  be  liable  and 
may  be  seized  and  proceeded  against  in  the  district  court 
of  the  United  States  in  any  district  in  which  such  vessel 
may  be  found.  Such  penalty  on  application  may  be 
mitigated  or  remitted  by  the  Secretary  of  Commerce. 

That  the  Secretary  of  Commerce  shall  make  such  regu-    Sec-  5- 
lations  as  may  be  necessary  to  secure  proper  execution  of 
this  Act  by  collectors  of  customs  and  other  officers  of  the 
Government. 

143562°— 19 23 


354  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

sec.  e.  That-  this  Act  shall  take  effect  six  months  after  its 

passage. 

368(b).   Taxes  on  water  transportation;  sale  and  use  of  motor 
boats. 
Feb.  24,  1919.     That  from  and  after  April  1,  1919,  there  shall  be  levied, 
sec.  500.        assesse(i,  collected,  and  paid,  in  lieu  of  the  taxes  imposed 

by  section  500  of  the  Kevenue  Act  of  1917 — 

(a)  A  tax  equivalent  to  3  per  centum  of  the  amount 
paid  for  the  transportation  on  or  after  such  date,  by  rail 
or  water  or  by  any  form  of  mechanical  motor  power  when 
in  competition  with  carriers  by  rail  or  water,  of  property 
by  freight  transported  from  one  point  in  the  United 
States  to  another ;  and  a  like  tax  on  the  amount  paid  for 
such  transportation  within  the  United  States  of  property 
transported  from  a  point  without  the  United  States  to  a 
point  within  the  United  States ; 

(b)  A  tax  of  1  cent  for  each  20  cents  or  fraction  thereof 
of  the  amount  paid  to  any  person  for  the  transportation 
on  or  after  such  date,  by  rail  or  water  or  by  any  form  of 
mechanical  motor  power  when  in  competition  with  ex- 
press by  rail  or  water,  of  any  package,  parcel,  or  ship- 
ment, by  express,  transported  from  one  point  in  the 
United  States  to  another;  and  a  like  tax  on  the  amount 
paid  for  such  transportation  within  the  United  States  of 
property  transported  from  a  point  without  the  United 
States  to  a  point  within  the  United  States; 

(c)  A  tax  equivalent  to  8  per  centum  of  the  amount 
paid  for  the  transportation  on  or  after  such  date  of  per- 
sons by  rail  or  water,  or  by  any  form  of  mechanical  motor 
power  on  a  regular  established  line  when  in  competition 
with  carriers  by  rail  or  water,  from  one  point  in  the  United 
States  to  another  or  to  any  point  in  Canada  or  Mexico, 
where  the  ticket  or  order  therefor  is  sold  or  issued  in  the 
United  States,  not  including  the  amount  paid  for  com- 
mutation or  season  tickets  for  trips  less  than  thirty  miles, 
or  for  transportation  the  fare  for  which  does  not  exceed 
42  cents :  Provided,  That  where  such  water  transportation 
lines  are  in  competition  between  American  ports  with 
foreign  water  transportation  lines  from  adjacent  foreign 
ports,  the  tax  imposed  under  this  subdivision  on  amounts 
paid  for  water  transportation  between  American  ports 
shall  not  exceed  the  amount  of  the  transportation  tax  to 
which  such  foreign  water  transportation  lines  are  sub- 
jected by  their  government  corresponding  to  this  tax ; 

(d)  A  tax  equivalent  to  8  per  centum  of  the  amount 
paid  for  seats,  berths,  and  staterooms  in  parlor  cars, 
sleeping  cars,  or  on  vessels  used  on  or  after  such  date  in 
connection  with  transportation  upon  which  tax  is  imposed 
by  subdivision  (c)  ; 

sec.  900.  That  there  shall  be  levied,  assessed,  collected,  and  paid 

upon  the  following  articles  sold  or  leased  by  the  manu- 
facturer, producer,  or  importer,  a  tax  equivalent  to  the 


PART   XXXIV.- — RULES   TO   PREVENT   COLLISIONS.  355 

following  percentages  of  the  price  for  which  so  sold  or 


(20)  Yachts  and  motor  boats  not  designed  for  trade, 
fishing,  or  national  defense ;  and  pleasure  boats  and  pleas- 
ure canoes  if  sold  for  more  than  $15,  10  per  centum;  and 

That  sixty  days  after  the  passage  of  this  Act,  and  there- 
after on  July  1  in  each  year,  and  also  at  the  time  of  the 
original  purchase  of  a  new  boat  by  a  user,  if  on  any  other 
date  than  July  1,  there  shall  be  levied,  assessed,  collected, 
and  paid  in  lieu  of  the  tax  imposed  by  section  603  of  the 
Revenue  Act  of  1917,  upon  the  use  of  yachts,  pleasure 
boats,  power  boats,  and  sailing  boats,  of  over  five  net  tons, 
and  motor  boats  with  fixed  engines,  not  used  exclusively 
for  trade,  fishing,  or  national  defense,  or  not  built  accord- 
ing to  plans  and  specifications  approved  by  the  Navy  De- 
partment, a  special  excise  tax  to  be  based  on  each  yacht 
or  boat,  at  rates  as  follows :  Yachts,  pleasure  boats,  power 
boats,  motor  boats  with  fixed  engines,  and  sailing  boats, 
of  over  five  net  tons,  length  not  over  fifty  feet,  $1  for  each 
foot ;  length  over  fifty  feet  and  not  over  one  hundred  feet, 
$2  for  each  foot;  length  over  one  hundred  feet,  $4  for 
each  foot,  motor  boats  of  not  over  five  net  tons  with  fixed 
engines,  $10. 

In  determining  the  length  of  such  yachts,  pleasure 
boats,  power  boats,  motor  boats  with  fixed  engines,  and 
sailing  boats,  the  measurement  of  over-all  length  shall 
govern. 

In  the  case  of  a  tax  imposed  at  the  time  of  the  original 
purchase  of  a  new  boat  on  any  other  date  than  July  1,  and 
in  the  case  of  the  tax  taking  effect  sixty  days  after  the 
passage  of  this  Act,  the  amount  to  be  paid  shall  be  the 
same  number  of  twelfths  of  the  amount  of  the  tax  as  the 
number  of  calendar  months  (including  the  month  of  sale, 
or  the  month  in  which  is  included  the  sixty-first  day  after 
the  passage  of  this  Act,  as  the  case  may  be)  remaining 
prior  to  the  following  July  1. 

If  the  tax  imposed  by  section  603  of  the  Revenue  Act 
of  1917,  for  the  fiscal  year  ending  June  30,  1919,  has  been 
paid  in  respect  to  the  use  of  any  boat,  the  amount  so  paid 
shall  under  such  regulations  as  the  Commissioner,  with 
the  approval  of  the  Secretary,  may  prescribe,  be  credited 
upon  the  first  tax  due  under  this  section  in  respect  to  the 
use  of  such  boat,  or  be  refunded  to  the  person  paying  the 
first  tax  imposed  by  this  section  in  respect  to  the  use  of 
such  boat. 
369.   International  rules  of  1897. 

The  following  regulations  for  preventing  collisions  at 
sea  shall  be  followed  by  all  public  and  private  vessels  of 
the  United  States  upon  the  high  seas  and  in  all  waters 
connected  therewith,  navigable  by  sea-going  vessels. 


Aug.  IP,  1890. 


356  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

PRELIMINARY  DEFINITIONS. 


International 
rules. 


In  the  following  rules  every  steam  vessel  which  is  under 
sail  and  not  under  steam  is  to  be  considered  a  sailing- 
vessel,  and  every  vessel  under  steam,  whether  under  sail 
or  not,  is  to  be  considered  a  steam-vessel. 

The  word  "  steam- vessel "  shall  include  any  vessel  pro- 
pelled by  machinery. 

A  vessel  is  "  under  way  "  within  the  meaning  of  these 
rules  when  she  is  not  at  anchor,  or  made  fast  to  the  shore, 
or  aground. 

II. — Lights  and  so  forth. 

The  word  "  visible "  in  these  rules  when  applied  to 
lights  shall  mean  visible  on  a  dark  night  with  a  clear 
atmosphere. 

Article  1.  The  rules  concerning  lights  shall  be  com- 
plied with  in  all  weathers  from  sunset  to  sunrise,  and  dur- 
ing such  time  no  other  lights  which  may  be  mistaken  for 
the  prescribed  lights  shall  be  exhibited. 

STEAM  VESSELS — MASTHEAD  LIGHT. 

Art.  2.  A  steam-vessel  when  under  way  shall  carry — 
(a)  On  or  in  front  of  the  foremast,  or  if  a  vessel  without 
a  foremast,  then  in  the  fore  part  of  the  vessel,  at  a  height 
above  the  hull  of  not  less  than  twenty  feet,  and  if  the 
breadth  of  the  vessel  exceeds  twenty  feet,  then  at  a  height 
above  the  hull  not  less  than  such  breadth,  so,  however, 
that  the  light  need  not  be  carried  at  a  greater  height 
above  the  hull  than  forty  feet,  a  bright  white  light,  so 
constructed  as  to  show  an  unbroken  light  over  an  arc  of 
the  horizon  of  twenty  points  of  the  compass,  so  fixed  as  to 
throw  the  light  ten  points  on  each  side  of  the  vessel, 
namely,  from  right  ahead  to  two  points  abaft  the  beam  on 
either  side  and  of  such  a  character  as  to  be  visible  at  a 
distance  of  at  least  five  miles. 

STEAM  VESSELS SIDE  LIGHTS. 

(b)  On  the  starboard  side  a  green  light  so  constructed 
as  to  show  an  unbroken  light  over  an  arc  of  the  horizon 
of  ten  points  of  the  compass,  so  fixed  as  to  throw  the  light 
from  right  ahead  to  two  points  abaft  the  beam  on  the 
starboard  side,  and  of  such  a  character  as  to  be  visible  at 
a  distance  of  at  least  two  miles.' 

(c)  On  the  port  side  a  red  light  so  constructed  as  to 
show  an  unbroken  light  over  an  arc  of  the  horizon  of  ten 
points  of  the  compass,  so  fixed  as  to  throw  the  light  from 
right  ahead  to  two  points  abaft  the  beam  on  the  port  side, 
and  of  such  a  character  as  to  be  visible  at  a  distance  of  at 
least  two  miles. 


PART  XXXIV. RULES   TO   PREVENT   COLLISIONS.  357 

(d)  The  said  green  and  red  side-lights  shall  be  fitted  ru11^ernati0,,al 
with  inboard  screens  projecting  at  least  three  feet  for- 
ward from  the  light,  so  as  to  prevent  these  lights  from 

being  seen  across  the  bow. 

STEAM  VESSELS RANGE  LIGHTS. 

(e)  A  steam-vessel  when  under  way  may  carry  an  ad- 
ditional white  light  similar  in  construction  to  the  light 
mentioned  in  subdivision  (a).  These  two  lights  shall  be 
so  placed  in  line  with  the  keel  that  one  shall  be  at  least 
fifteen  feet  higher  than  the  other,  and  in  such  a  position 
with  reference  to  each  other  that  the  lower  light  shall  be 
forward  of  the  upper  one.  The  vertical  distance  between 
these  lights  shall  be  less  than  the  horizontal  distance. 

STEAM-VESSELS  WHEN  TOWING. 

Art.  3.  A  steam-vessel  when  towing  another  vessel 
shall,  in  addition  to  her  side-lights,  carry  two  bright 
white  lights  in  a  vertical  line  one  over  the  other,  not  less 
than  six  feet  apart,  and  when  towing  more  than  one  ves- 
sel shall  carry  an  additional  bright  white  light  six  feet 
above  or  below  such  light,  if  the  length  of  the  tow  meas- 
uring from  the  stern  of  the  towing  vessel  to  the  stern  of 
the  last  vessel  towed  exceeds  six  hundred  feet.  Each  of 
these  lights  shall  be  of  the  same  construction  and  charac- 
ter, and  shall  be  carried  in  the  same  position  as  the  white 
light  mentioned  in  article  two  (a),  excepting  the  addi- 
tional light,  which  may  be  carried  at  a  height  of  not  less 
than  fourteen  feet  above  the  hull. 

Such  steam- vessel  may  carry  a  small  white  light  abaft 
the  funnel  or  af termast^  for  the  vessel  towed  to  steer  by, 
but  such  light  shall  not  be  visible  forward  of  the  beam. 

SPECIAL  LIGHTS. 

Art.  4.  (a)  A  vessel  which  from  any  accident  is  not 
under  command  shall  carry  at  the  same  height  as  a  white 
light  mentioned  in  article  two  (a) ,  where  they  can  best  be 
seen,  and  if  a  steam-vessel  in  lieu  of  that  light,  two  red 
lights,  in  a  vertical  line  one  over  the  other,  not  less  than 
six  feet  apart,  and  of  such  a  character  as  to  be  visible  all 
around  the  horizon  at  a  distance  of  at  least  two  miles ;  and 
shall  by  day  carry  in  a  vertical  line  one  over  the  other, 
not  less  than  six  feet  apart,  where  they  can  best  be  seen, 
two  black  balls  or  shapes,  each  two  feet  in  diameter. 

(b)  A  vessel  employed  in  laying  or  in  picking  up  a  tele- 
graph cable  shall  carry  in  the  same  position  as  the  white 
light  mentioned  in  article  two  (a) ,  and  if  a  steam- vessel  in 
lieu  of  that  light,  three  lights  in  a  vertical  line  one  over 
the  other  not  less  than  six  feet  apart.    The  highest  and 


358  NAVIGATION    LAWS   OF   THE   UNITED   STATES. 

international  lowest  of  these  lights  shall  be  red,  and  the  middle  light 
rules'  shall  be  white,  and  they  shall  be  of  such  a  character  as  to 

be  visible  all  around  the  horizon,  at  a  distance  of  at  least 
two  miles.  By  day  she  shall  carry  in  a  vertical  line,  one 
over  the  other,  not  less  than  six  feet  apart,  where  they  can 
best  be  seen,  three  shapes  not  less  than  two  feet  in  diam- 
eter, of  which  the  highest  and  lowest  shall  be  globular  in 
shape  and  red  in  color,  and  the  middle  one  diamond  in 
shape  and  white. 

(c)  The  vessels  referred  to  in  this  article,  when  not 
making  way  through  the  water,  shall  not  carry  the  side- 
lights, but  when  making  way  shall  carry  them. 

(d)  The  lights  and  shapes  required  to  be  shown  by  this 
article  are  to  be  taken  by  other  vessels  as  signals  that  the 
vessel  showing  them  is  not  under  command  and  can  not 
therefore  get  out  of  the  way. 

These  signals  are  not  signals  of  vessels  in  distress  and 
requiring  assistance.  Such  signals  are  contained  in  ar- 
ticle thirty-one. 

LIGHTS  FOR  SAILING  VESSELS  AND  VESSELS  IN  TOW. 

Art.  5.  A  sailing  vessel  under  way  and  any  vessel  being 
towed  shall  carry  the  same  lights  as  are  prescribed  by 
article  two  for  a  "steam-vessel  under  way,  with  the  excep- 
tion of  the  white  lights  mentioned  therein,  which  they 
shall  never  carry. 

LIGHTS   FOR   SMALL   VESSELS. 

Art.  6.  Whenever,  as  in  the  case  of  small  vessels  under 
way  during  bad  weather,  the  green  and  red  side-lights 
can  not  be  fixed,  these  lights  shall  be  kept  at  hand,  lighted 
and  ready  for  use;  and  shall,  on  the  approach  of  or  to 
other  vessels,  be  exhibited  on  their  respective  sides  in  suf- 
ficient time  to  prevent  collision,  in  such  manner  as  to 
make  them  most  visible,  and  so  that  the  green  light  shall 
not  be  seen  on  the  port  side  nor  the  red  light  on  the  star- 
board side,  nor,  if  practicable,  more  than  two  points  abaft 
the  beam  on  their  respective  sides.  To  make  the  use  of 
these  portable  lights  more  certain  and  easy  the  lanterns 
containing  them~shall  each  be  painted  outside  with  the 
color  of  the  light  they  respectively  contain,  and  shall  be 
provided  with  proper  screens. 

LIGHTS    FOR    SMALL     STEAM    AND     SAIL    VESSELS     AND    OPEN 
BOATS. 

May  2S,  1894.  Art.  7.  Steam-vessels  of  less  than  forty,  and  vessels 
under  oars  or  sails  of  less  than  twenty  tons  gross  tonnage, 
respectively,  and  rowing  boats,  when  under  way,  shall 
not  be  required  to  carry  the  lights  mentioned  in  article 


PART  XXXIV. RULES  TO   PREVENT   COLLISIONS.  359 

two  (a),  (b),  and  (c),  but  if  they  do  not  carry  them  they  ru,1^rnalional 
shall  be  provided  with  the  following  lights: 

First.  Steam-vessels  of  less  than  forty  tons  shall 
carry — 

(a)  In  the  fore  part  of  the  vessel  or  on  or  in  front  of 
the  funnel,  where  it  can  best  be  seen,  and  at  a  height 
above  the  gunwale  of  not  less  than  nine  feet,  a  bright 
white  light  constructed  and  fixed  as  prescribed  in  article 
two  (a),  and  of  such  a  character  as  to  be  visible  at  a 
distance  of  at  least  two  miles. 

(b)  Green  and  red  side-lights  constructed  and  fixed  as 
prescribed  in  article  two  (b)  and  (c),  and  of  such  a 
character  as  to  be  visible  at  a  distance  of  at  least  one 
mile,  or  a  combined  lantern  showing  a  green  light  and  a 
red  light  from  right  ahead  to  two  points  abaft  the  beam 
on  their  respective  sides.  Such  lanterns  shall  be  carried 
not  less  than  three  feet  below  the  white  light. 

Second.  Small  steamboats,  such  as  are  carried  by  sea- 
going vessels,  may  carry  the  white  light  at  a  less  height 
than  nine  feet  above  the  gunwale,  but  it  shall  be  carried 
above  -the  combined  lantern  mentioned  in  subdivision 
one  (b). 

Third.  Vessels  under  oars  or  sails  of  less  than  twenty 
tons  shall  have  read.y  at  hand  a  lantern  with  a  green  glass 
on  one  side  and  a  red  glass  on  the  other,  which,  on  the 
approach  of  or  to  other  vessels,  shall  be  exhibited  in  suffi- 
cient time  to  prevent  collision,  so  that  the  green  light 
shall  not  be  seen  on  the  port  side  nor  the  red  light  on  the 
starboard  side. 

Fourth.  Rowing  boats,  whether  under  oars  or  sail,  shall 
have  ready  at  hand  a  lantern  showing  a  white  light  which 
shall  be  temporarily  exhibited  in  sufficient  time  to  pre- 
vent collision. 

The  vessels  referred  to  in  this  article  shall  not  be 
obliged  to  carry  the  lights  prescribed  by  article  four  (a) 
and  article  eleven,  last  paragraph. 

LIGHTS  FOR  PILOT  VESSELS. 

Art.  8.  Pilot-vessels  when  engaged  on  their  station  on  Aug.  19,  1890. 
pilotage  duty  shall  not  show  the  lights  required  for  other 
vessels,  but  shall  carry  a  white  light  at  the  masthead, 
visible  all  around  the  horizon,  and  shall  also  exhibit  a 
flare-up  light  or  flare-up  lights  at  short  intervals,  which 
shall  never  exceed  fifteen  minutes. 

On  the  near  approach  of  or  to  other  vessels  they  shall 
have  their  side-lights  lighted,  ready  for  use,  and  shall 
flash  or  show  them  at  short  intervals,  to  indicate  the 
direction  in  which  they  are  heading,  but  the  green  light 
shall  not  be  shown  on  the  port  side,  nor  the  red  light  on 
the  starboard  side. 

A  pilot-vessel  of  such  a  class  as  to  be  obliged  to  go 
alongside  of  a  vessel  to  put  a  pilot  on  board  may  show  the 
white  light  instead  of  carrving  it  at  the  masthead,  and 


360  NAVIGATION   LAWS   OF    THE   UNITED   STATES. 

international  may,  instead  of  the  colored  lights  above  mentioned,  have 
at  hand,  ready  for  use,  a  lantern  with  green  glass  on  the 
one  side  and  red  glass  on  the  other,  to  be  used  as  pre- 
scribed above. 

Pilot-vessels  when  not  engaged  on  their  station  on 
pilotage  duty  shall  carry  lights  similar  to  those  of  other 
vessels  of  their  tonnage. 
Feb.  19, 1900.  A  steam-pilot  vessel,  when  engaged  on  her  station  on 
sees.  i,  2.  pilotage  duty  and  in  waters  of  the  United  States,  and 
not  at  anchor,  shall,  in  addition  to  the  lights  required 
for  all  pilot  boats,  carry  at  a  distance  of  eight  feet  below 
her  white  masthead  light  a  red  light,  visible  all  around 
the  horizon  and  of  such  a  character  as  to  be  visible  on  a 
dark  night  with  a  clear  atmosphere  at  a  distance  of  at 
least  two  miles,  and  also  the  colored  side  lights  required 
to  be  carried  by  vessels  when  under  way. 

When  engaged  on  her  station  on  pilotage  duty  and  in 
waters  of  the  United  States,  and  at  anchor,  she  shall 
carry  in  addition  to  the  lights  required  for  all  pilot  boats 
the  red  light  above  mentioned,  but  not  the  colored  side 
lights. 

When  not  engaged  on  her  station  on  pilotage  duty,  she 
shall  carry  the  same  lights  as  other  steam  vessels. 

LIGHTS,  ETC.,  OF  FISHING  VESSELS. 

Jan.  19, 1907.  Article  9.  Fishing  vessels  and  fishing  boats,  when  un- 
der way  and  when  not  required  by  this  article  to  carry 
or  show  the  lights  hereinafter  specified,  shall  carry  or 
show  the  lights  prescribed  for  vessels  of  their  tonnage 
under  way. 

(a)  Open  boats,  by  which  is  to  be  understood  boats 
not  protected  from  the  entry  of  sea  water  by  means  of  a 
continuous  deck,  when  engaged  in  any  fishing  at  night, 
with  outlying  tackle  extending  not  more  than  one  hun- 
dred and  fifty  feet  horizontally  from  the  boat  into  the 
seaway,  shall  carry  one  all-round  white  light. 

Open  boats,  when  fishing  at  night,  with  outlying  tackle 
extending  more  than  one  hundred  and  fifty  feet  horizon- 
tally from  the  boat  into  the  seaway,  shall  carry  one  all- 
round  white  light,  and  in  addition,  on  approaching  or 
being  approached  by  other  vessels,  shall  show  a  second 
white  light  at  least  three  feet  below  the  first  light  and  at 
a  horizontal  distance  of  at  least  five  feet  away  from  it  in 
the  direction  in  which  the  outlying  tackle  is  attached. 

(b)  Vessels  and  boats,  except  open  boats  as  defined  in 
subdivision  (a),  when  fishing  with  drift  nets,  shall,  so 
long  as  the  nets  are  wholly  or  partly  in  the  water,  carry 
two  white  lights  where  they  can  best  be  seen.  Such  lights 
shall  be  placed  so  that  the  vertical  distance  between  them 
shall  be  not  less  than  six  feet  and  not  more  than  fifteen 
feet,  and  so  that  the  horizontal  distance  between  them 
measured  in  a  line  with  the  keel,  shall  be  not  less  than 


PAKT  XXXIV. RULES   TO    PREVENT   COLLISIONS.  361 

five  feet  and  not  more  than  ten  feet.    The  lower  of  these  ruI1^ernaUonal 
two  lights  shall  be  in  the  direction  of  the  nets,  and  both 
of  them  shall  be  of  such  a  character  as  to  show  all  around 
the  horizon,  and  to  be  visible  at  a  distance  of  not  less  than 
three  miles. 

Within  the  Mediterranean  Sea  and  in  the  seas  border- 
ing the  coasts  of  Japan  and  Korea  sailing  fishing  vessels 
of  less  than  twenty  tons  gross  tonnage  shall  not  be  obliged 
to  carry  the  lower  of  these  two  lights.  Should  they,  how- 
ever, not  carry  it,  they  shall  show  in  the  same  position 
(in  the  direction  of  the  net  or  gear)  a  white  light,  visible 
at  a  distance  of  not  less  than  one  sea  mile,  on  the  ap- 
proach of  or  to  other  vessels. 

(c)  Vessels  and  boats,  except  open  boats  as  defined  in 
subdivision  (a),  when  line  fishing  with  their  lines  out 
and  attached  to  or  hauling  their  lines,  and  when  not  at 
anchor  or  stationary  within  the  meaning  of  subdivision 
(h),  shall  carry  the  same  lights  as  vessels  fishing  with 
drift  nets.  When  shooting  lines,  or  fishing  with  towing 
lines,  they  shall  carry  the  lights  prescribed  for  a  steam 
or  sailing  vessel  under  way,  respectively. 

Within  the  Mediterranean  Sea  and  in  the  seas  border- 
ing the  coasts  of  Japan  and  Korea  sailing  fishing  vessels 
of  less  than  twenty  tons  gross  tonnage  shall  not  be  obliged 
to  cany  the  lower  of  these  two  lights.  Should  they,  how- 
ever, not  carry  it,  they  shall  show  in  the  same  position 
(in  the  direction  of  the  lines)  a  white  light,  visible  at  a 
distance  of  not  less  than  one  sea  mile  on  the  approach  of 
or  to  other  vessels. 

(d)  Vessels  when  engaged  in  trawling,  by  which  is 
meant  the  dragging  of  an  apparatus  along  the  bottom  of 
the  sea — 

First.  If  steam  vessels,  shall  carry  in  the  same  position 
as  the  white  light  mentioned  in  article  two  (a)  a  tri- 
colored  lantern  so  constructed  and  fixed  as  to  show  a 
white  light  from  right  ahead  to  two  points  on  each  bow, 
and  a  green  light  and  a  red  light  over  an  arc  of  the 
horizon  from  two  points  on  each  bow  to  two  points  abaft 
the  beam  on  the  starboard  and  port  sides,  respectively; 
and  not  less  than  six  nor  more  than  twelve  feet  below  the 
tri-colored  lantern  a  white  light  in  a  lantern,  so  con- 
structed as  to  show  a  clear,  uniform,  and  unbroken  light 
all  around  the  horizon. 

Second.  If  sailing  vessels,  shall  carry  a  white  light  in 
a  lantern,  so  constructed  as  to  show  a  clear,  uniform,  and 
unbroken  light  all  around  the  horizon,  and  shall  also,  on 
the  approach  of  or  to  other  vessels,  show  where  it  can 
best  be  seen  a  white  flare-up  light  or  torch  in  sufficient 
time  to  prevent  collision. 

All  lights  mentioned  in  subdivision  (d)  first  and  second 
shall  be  visible  at  a  distance  of  at  least  two  miles. 

(e)  Oyster  dredgers  and  other  vessels  fishing  with 
dredge  nets  shall  carry  and  show  the  same  lights  as 
trawlers. 


362  NAVIGATION    LAWS    OF    THE    UNITED   STATES. 

ruIiesernatl0,ial  (-0  Fishing  vessels  and  fishing  boats  may  at  any  time 
use  a  flare-up  light  in  addition  to  the  lights  which  they 
are  by  this  article  required  to  carry  and  show,  and  they 
may  also  use  working  lights. 

(g)  Every  fishing  vessel  and  every  fishing  boat  under 
one  hundred  and  fifty  feet  in  length,  when  at  anchor, 
shall  exhibit  a  white  light  visible  all  around  the  horizon 
at  a  distance  of  at  least  one  mile. 

Every  fishing  vessel  of  one  hundred  and  fifty  feet  in 
length  or  upward,  when  at  anchor,  shall  exhibit  a  white 
light  visible  all  around  the  horizon  at  a  distance  of  at 
least  one  mile,  and  shall  exhibit  a  second  light  as  pro- 
vided for  vessels  of  such  length  by  article  eleven. 

Should  any  such  vessel,  whether  under  one  hundred  and 
fifty  feet  in  length  or  of  one  hundred  and  fifty  feet  in 
length  or  upward,  be  attached  to  a  net  or  other  fishing 
gear,  she  shall  on  the  approach  of  other  vessels  show  an 
additional  white  light  at  least  three  feet  below  the  anchor 
light,  and  at  a  horizontal  distance  of  at  least  five  feet 
away  from  it  in  the  direction  of  the  net  or  gear. 

(h)  If  a  vessel  or  boat  when  fishing  becomes  stationary 
in  consequence  of  her  gear  getting  fast  to  a  rock  or  other 
obstruction,  she  shall  in  daytime  haul  down  the  day 
signal  required  by  subdivision  (k)  ;  at  night  show  the 
light  or  lights  prescribed  for  a  vessel  at  anchor;  and 
during  fog,  mist,  falling  snow,  or  heavy  rain  storms 
make  the  signal  prescribed  for  a  vessel  at  anchor.  (See 
subdivision  (d)  and  the  last  paragraph  of  article  fifteen.) 

(i)  In  fog,  mist,  falling  snow,  or  heavy  rain  storms 
drift-net  vessels  attached  to  their  nets,  and  vessels  when 
trawling,  dredging,  or  fishing  with  any  kind  of  drag  net, 
and  vessels  line  fishing  with  their  lines  out,  shall,  if  of 
twenty  tons  gross  tonnage  or  upward,  respectively,  at 
intervals  of  not  more  than  one  minute  make  a  blast;  if 
steam  vessels,  with  the  whistle  or  siren,  and  if  sailing 
vessels,  with  the  foghorn,  each  blast  to  be  followed  by 
ringing  the  bell.  Fishing  vessels  and  boats  of  less  than 
twenty  tons  gross  tonnage  shall  not  be  obliged  to  give 
the  above-mentioned  signals:  but  if  they  do  not,  they 
shall  make  some  other  efficient  sound  signal  at  intervals 
of  not  more  than  one  minute. 

(k)  All  vessels  or  boats  fishing  with  nets  or  lines  or 
trawls,  when  under  way,  shall  in  daytime  indicate  their 
occupation  to  an  approaching  vessel  by  displaying  a 
basket  or  other  efficient  signal  where  it  can  best  be  seen. 
If  vessels  or  boats  at  anchor  have  their  gear  out.  they 
shall,  on  the  approach  of  other  vessels,  show  the  same 
signal  on  the  side  on  which  those  vessels  can  pass. 

The  vessels  required  by  this  article  to  carry  or  show 
the  lights  hereinbefore  specified  shall  not  be  obliged  to 
carry  the  lights  prescribed  by  article  four  (a)  and  the 
last  paragraph  of  article  eleven. 


/ 
PART   XXXIV. — RULES   TO   PREVENT  COLLISIONS.  363 

LIGHTS  FOR  AN  OVERTAKEN  VESSEL. 

Art.  10.  A  vessel  which  is  being  overtaken  by  another  Aug.  19,  L890. 
shall  show  from  her  stern  to  such  last-mentioned  vessel  a 
white  light  or  a  flare-up  light. 

The  white  light  required  to  be  shown  by  this  article 
may  be  fixed  and  carried  in  a  lantern,  but  in  such  case  the 
lantern  shall  be  so  constructed,  fitted,  and  screened  that 
it  shall  throw  an  unbroken  light  over  an  arc  of  the  hori- 
zon of  twelve  points  of  the  compass,  namely,  for  six 
points  from  right  aft  on  each  side  of  the  vessel,  so  as  to 
be  visible  at  a  distance  of  at  least  one  mile.  Such  light 
shall  be  carried  as  nearly  as  practicable  on  the  same  level 
as  the  side  lights. 

ANCHOR  LIGHTS. 

Art.  11.  A  vessel  under  one  hundred  and  fifty  feet  in 
length  when  at  anchor  shall  carry  forward,  where  it  can 
best  be  seen,  but  at  a  height  not  exceeding  twenty  feet 
above  the  hull,  a  white  light,  in  a  lantern  so  constructed 
as  to  show  a  clear,  uniform,  and  unbroken  light  visible 
all  around  the  horizon  at  a  distance  of  at  least  one  mile. 

A  vessel  of  one  hundred  and  fifty  feet  or  upwards  in 
length,  when  at  anchor,  shall  carry  in  the  forward  part  of 
the  vessel,  at  a  height  of  not  less  than  twenty  and  not 
exceeding  forty  feet  above  the  hull,  one  such  light,  and  at 
or  near  the  stern  of  the  vessel,  and  at  such  a  height  that 
it  shall  be  not  less  than  fifteen  feet  lower  than  the  for- 
ward light,  another  such  light. 

The  length  of  a  vessel  shall  be  deemed  to  be  the  length 
appearing  in  her  certificate  of  registry. 

A  vessel  aground  in  or  near  a  fair-way  shall  carry  the 
above  light  or  lights  and  the  two  red  lights  prescribed  by 
article  four  (a). 

SPECIAL  SIGNAL. 

Art.  12.  Every  vessel  may,  if  necessary  in  order  to  at- 
tract attention,  in  addition  to  the  lights  which  she  is  by 
these  rules  required  to  carry,  show  a  flare-up  light  or  use 
any  detonating  signal  that  can  not  be  mistaken  for  a  dis- 
tress signal. 

NAVAL  LIGHTS  AND  RECOGNITION  SIGNALS. 

Art.  13.  Nothing  in  these  rules  shall  interfere  with  the 
operation  of  any  special  rules  made  by  the  Government 
of  any  nation  with  respect  to  additional  station  and 
signal-lights  for  two  or  more  ships  of  war  or  for  vessels 
sailing  under  convoy,  or  with  the  exhibition  of  recogni- 
tion signals  adopted  by  ship-owners,  which  have  been 
authorized  by  their  respective  Governments  and  duly 
registered  and  published. 


364  NAVIGATION    LAWS    OF   THE   UNITED   STATES. 

International  STEAM  VESSEL  UNDER  SAIL  BY  DAY. 

rules. 

Art.  14.  A  steam-vessel  proceeding  under  sail  only  but 
having  her  funnel  up,  shall  carry  in  day-time,  forward, 
where  it  can  best  be  seen,  one  black  ball  or  shape  two  feet 
in  diameter. 


III. — Sound  Signals  in  Fog,  etc. 

PRELIMINARY. 

June  10,  1S9G.  Art.  15.  All  signals  prescribed  by  this  article  for  ves- 
sels under  way  shall  be  given : 

First.  By  "  steam  vessels  "  on  the  whistle  or  siren. 

Second.  By  "  sailing  vessels  "  and  "  vessels  towed  "  on 
the  fog  horn. 

The  words  "  prolonged  blast "  used  in  this  article  shall 
mean  a  blast  of  from  four  to  six  seconds  duration. 

A  steam- vessel  shall  be  provided  with  an  efficient  whistle 
or  siren,  sounded  by  steam  or  by  some  substitute  for 
steam,  so  placed  that  the  sound  may;  not  be  intercepted 
by  any  obstruction,  and  with  an  efficient  fog  horn,  to  be 
sounded  by  mechanical  means,  and  also  with  an  efficient 
bell.  (In  all  cases  where  the  rules  require  a  bell  to  be 
used  a  drum  may  be  substituted  on  board  Turkish  vessels, 
or  a  gong  where  such  articles  are  used  on  board  small  sea- 
going vessels.)  A  sailing  vessel  of  twenty  tons  gross  ton- 
nage or  upwards  shall  be  provided  with  a  similar  fog 
horn  and  bell. 

In  fog,  mist,  falling  snow,  or  heavy  rainstorms,  whether 
by  day  or  night,  the  signals  described  in  this  article  shall 
be  used  as  follows,  namely : 

STEAM  VESSEL  UNDER  WAY. 

(a)  A  steam  vessel  having  way  upon  her  shall  sound,  at 
intervals  of  not  more  than  two  minutes,  a  prolonged  blast. 

(b)  A  steam  vessel  under  way,  but  stopped,  and  having 
no  way  upon  her,  shall  sound,  at  intervals  of  not  more 
than  two  minutes,  two  prolonged  blasts,  with  an  interval 
of  about  one  second  between. 

SAIL  VESSEL  UNDER  WAY. 

(c)  A  sailing  vessel  under  way  shall  sound,  at  intervals 
of  not  more  than  one  minute,  when  on  the  starboard  tack, 
one  blast ;  when  on  the  port  tack,  two  blasts  in  succession, 
and  when  with  the  wind  abaft  the  beam,  three  blasts  in 
succession. 

VESSELS  AT  ANCHOR  OR  NOT  UNDER  WAY. 

(d)  A  vessel  when  at  anchor  shall,  at  intervals  of  not 
more  than  one  minute,  ring  the  bell  rapidly  for  about  five 
seconds. 


PART  XXXIV. RULES   TO   PREVENT   COLLISIONS.  365 

VESSELS  TOWING  OR  TOWED. 


International 
rules. 


(e)  A  vessel  when  towing,  a  vessel  employed  in  laying 
or  in  picking  up  a  telegraph  cable,  and  a  vessel  under  way, 
which  is  unable  to  get  out  of  the  way  of  an  approaching 
vessel  through  being  not  under  command,  or  unable  to 
maneuver  as  required  by  the  rules,  shall,  instead  of  the 
signals  prescribed  in  subdivisions  (a)  and  (c)  of  this 
article,  at  intervals  of  not  more  than  two  minutes,  sound 
three  blasts  in  succession,  namely:  One  prolonged  blast 
followed  by  two  short  blasts.  A  vessel  towed  may  give 
this  signaled  she  shall  not  give  any  other. 

SMALL    SAILING    VESSELS    AND    BOATS. 

Sailing  vessels  and  boats  of  less  than  twenty  tons  gross 
tonnage  shall  not  be  obliged  to  give  the  above-mentioned 
signals,  but,  if  they  do  not,  they  shall  make  some  other 
efficient  sound  signal  at  intervals  of  not  more  than  one 
minute. 

SPEED   IN   FOG. 

Art.  16.  Every  vessel  shall,  in  a  fog,  mist,  falling  snow,  Aug.  19, 1890 
or  heavy  rain-storms,  go  at  a  moderate  speed,  having  care- 
ful regard  for  the  existing  circumstances  and  conditions. 

A  steam  vessel  hearing,  apparently  forward  of  her 
beam,  the  fog-signal  of  a  vessel  the  position  of  which  is 
not  ascertained  shall,  so  far  as  the  circumstances  of  the 
case  admit,  stop  her  engines,  and  then  navigate  with 
caution  until  danger  of  collision  is  over. 

IV. — Steering  and  Sailing  Eules. 

PRELIMINARY. 

Risk  of  collision  can,  when  circumstances  permit,  be 
ascertained  by  carefully  watching  the  compass  bearing 
of  an  approaching  vessel.  If  the  bearing  does  not  appre- 
ciably change,  such  risk  should  be  deemed  to  exist. 

SAILING  VESSELS. 

Art.  17.  When  two  sailing  vessels  are  approaching  one 
another,  so  as  to  involve  risk  of  collision,  one  of  them 
shall  keep  out  of  the  way  of  the  other,  as  follows,  namely : 

(a)  A  vessel  which  is  running  free  shall  keep  out  of  the 
way  of  a  vessel  which  is  close-hauled. 

(b)  A  vessel  which  is  close-hauled  on  the  port  tack 
shall  keep  out  of  the  way  of  a  vessel  which  is  close-hauled 
on  the  starboard  tack. 

(c)  When  both  are  running  free,  with  the  wind  on  dif- 
ferent sides,  the  vessel  which  has  the  wind  on  the  port 
side  shall  keep  out  of  the  way  of  the  other. 


366  NAVIGATION    LAWS   OF    THE   UNITED   STATES. 

ru1iesernatlonal  (d)  When  both  are  running  free,  with  the  wind  on  the 
same  side,  the  vessel  which  is  to  the  windward  shall  keep 
out  of  the  way  of  the  vessel  which  is  to  the  leeward. 

(e)  A  vessel  which  has  the  wind  aft  shall  keep  out  of 
the  way  of  the  other  vessel. 

STEAM  VESSELS. 

Art.  18.  When  two  steam- vessels  are  meeting  end  on, 
or  nearly  end  on,  so  as  to  involve  risk  of  collision,  each 
shall  alter  her  course  to  starboard,  so  that  each  may  pass 
on  the  port  side  of  the  other. 

This  article  only  applies  to  cases  where  vessels  are 
meeting  end  on,  or  nearly  end  on,  in  such  a  manner  as  to 
involve  risk  of  collision,  and  does  not  apply  to  two  ves- 
sels which  must,  if  both  keep  on  their  respective  courses, 
pass  clear  of  each  other. 

The  only  cases  to  which  it  does  apply  are  when  each  of 
the  two  vessels  is  end  on,  or  nearly  end  on,  to  the  other; 
in  other  words,  to  cases  in  which,  by  day,  each  vessel  sees 
the  masts  of  the  other  in  a  line,  or  nearly  in  a  line,  with 
her  own ;  and  by  night,  to  cases  in  which  each  vessel  is  in 
such  a  position  as  to  see  both  the  side-lights  of  the  other. 

It  does  not  apply  by  day  to  cases  in  which  a  vessel  sees 
another  ahead  crossing  her  own  course;  or  by  night,  to 
cases  where  the  red  light  of  one  vessel  is  opposed  to  the 
red  light  of  the  other,  or  where  the  green  light  of  one 
vessel  is  opposed  to  the  green  light  of  the  other,  or  where 
a  red  light  without  a  green  light,  or  a  green  light  without 
a  red  light,  is  seen  ahead,  or  where  both  green  and  red 
lights  are  seen  anywhere  but  ahead. 

TWO   STEAM-VESSELS    CROSSING. 

Art.  19.  When  two  steam-vessels  are  crossing,  so  as  to 
involve  risk  of  collision,  the  vessel  which  has  the  other  on 
her  own  starboard  side  shall  keep  out  of  the  way  of  the 
other. 

STEAM-VESSEL    SHALL    KEEP    OUT    OF    THE    WAY    OF    SAILING- 
VESSEL. 

Art.  20.  When  a  steam-vessel  and  a  sailing-vessel  are 
proceeding  in  such  directions  as  to  involve  risk  of  colli- 
sion, the  steam-vessel  shall  keep  out  of  the  way  of  the 
sailing-vessel. 

COURSE   AND   SPEED. 

May  28,  is94.  Art.  21.  Where,  by  any  of  these  rules,  one  of  two  ves- 
sels is  to  keep  out  of  the  wTay  the  other  shall  keep  her 
course  and  speed. 

Note.— When,  in  consequence  of  thick  weather  or  other 
causes,  such  vessel  finds  herself  so  close  that  collision  can 
not  be  avoided  by  the  action  of  the  giving-way  vessel 


PAET    XXXIV. RULES    TO    PREVENT    COLLISIONS.  367 

alone,  she  also  shall  take  such  action  as  will  best  aid  to  rnI1"s>crnaUonal 
avert  collision.     (See  articles  twenty-seven  and  twenty- 
nine.) 

CROSSING  AHEAD. 

Art.  22.  Every  vessel  which  is  directed  by  these  rules  Aug.  19, 1890. 
to  keep  out  of  the  way  of  another  vessel  shall,  if  the  cir- 
cumstances of  the  case  admit,  avoid  crossing  ahead  of  the 
other. 

STEAM- VESSELS    SHALL    SLACKEN    SPEED   OR    STOP. 

Art.  23.  Every  steam-vessel  which  is  directed  by  these 
rules  to  keep  out  of  the  way  of  another  vessel  shall,  on 
approaching  her,  if  necessary,  slacken  her  speed  or  stop 
or  reverse. 

OVERTAKING  vessels. 

Art.  24.  Notwithstanding  anything  contained  in  these 
rules  every  vessel,  overtaking  any  other,  shall  keep  out  of 
the  way  of  the  overtaken  vessel. 

Every  vessel  coming  up  with  another  vessel  from  any 
direction  more  than  two  points  abaft  her  beam,  that  is,  in 
such  a  position,  with  reference  to  the  vessel  which  she  is 
overtaking  that  at  night  she  would  be  unable  to  see  either 
of  that  vessel's  side-lights,  shall  be  deemed  to  be  an  over- 
taking vessel;  and  no  subsequent  alteration  of  the  bearing 
between  the  two  vessels  shall  make  the  overtaking  vessel 
a  crossing  vessel  within  the  meaning  of  these  rules,  or 
relieve  her  of  the  duty  of  keeping  clear  of  the  overtaken 
vessel  until  she  is  finally  past  and  clear. 

As  by  clay  the  overtaking  vessel  can  not  always  know 
with  certainty  whether  she  is  forward  or  abaft  this  direc- 
tion from  the  other  vessel  she  should,  if  in  doubt,  assume 
that  she  is  an  overtaking  vessel  and  keep  out  of  the  way. 

NARROW  CHANNELS. 

Art.  25.  In  narrow  channels  every  steam-vessel  shall, 
when  it  is  safe  and  practicable,  keep  to  that  side  of  the 
fair-way  or  mid-channel  which  lies  on  the  starboard  side 
of  such  vessel. 

RIGHT  OF  WAY  OF  FISHING  VESSELS. 

Art.  26.  Sailing  vessels  under  way  shall  keep  out  of 
the  way  of  sailing  vessels  or  boats  fishing  with  nets,  or 
lines,  or  trawls.  This  rule  shall  not  give  to  any  vessel  or 
boat  engaged  in  fishing  the  right  of  obstructing  a  fair- 
way used  by  vessels  other  than  fishing  vessels  or  boats. 

GENERAL  PRUDENTIAL   RULE. 

Art.  27.  In  obeying  and  construing  these  rules  due 
regard  shall  be  had  to  all  dangers  of  navigation  and  col- 


368  NAVIGATION"   LAWS   OF   THE   UNITED  STATES. 


rules 


international  lisi0n,  and  to  any  special  circumstances  which  may 
render  a  departure  from  the  above  rules  necessary  in 
order  to  avoid  immediate  danger. 


SOUND  SIGNALS  FOR  PASSING  STEAMERS. 

Art.  28.  The  words  "  short  blast "  used  in  this  article 
shall  mean  a  blast  of  about  one  second's  duration. 

When  vessels  are  in  sight  of  one  another,  a  steam- 
vessel  under  "way,  in  taking  any  course  authorized  or 
required  by  these  rules,  shall  indicate  that  course  by  the 
following  signals  or  whistle  or  siren,  namely : 

One  short  blast  to  mean,  "  I  am  directing  my  course  to 
starboard." 

Two  short  blasts  to  mean,  "  I  am  directing  my  course 
to  port." 

Three  short  blasts  to  mean,  "My  engines  are  going  at 
full  speed  astern." 

PRECAUTION. 

Art.  29.  Nothing  in  these  rules  shall  exonerate  any 
vessel  or  the  owner  or  master  or  crew  thereof,  from  the 
consequences  of  any  neglect  to  carry  lights  or  signals,  or 
of  any  neglect  to  keep  a  proper  lookout,  or  of  the  neg- 
lect of  any  precaution  which  may  be  required  by  the 
ordinary  practice  of  seamen,  or  by  the  special  circum- 
stances of  the  case. 

Art.  30.  Nothing  in  these  rules  shall  interfere  with  the 
operation  of  a  special  rule,  duly  made  by  local  authority, 
relative  to  the  navigation  of  any  harbor,  river,  or  inland 
waters. 

DISTRESS  SIGNALS. 

May  28,  iso4.  ART#  31.  "When  a  Tessei  js  m  distress  and  requires 
assistance  from  other  vessels  or  from  the  shore  the  fol- 
lowing shall  be  the  signals  to  be  used  or  displayed  by 
her,  either  together  or  separately,  namely : 

In  the  daytime — 

First.  A  gun  or  other  explosive  signal  fired  at  inter- 
vals of  about  a  minute. 

Second.  The  international  code  signal  of  distress  indi- 
cated by  N  C. 

Third.  The  distance  signal,  consisting  of  a  square  flag, 
having  either  above  or  below  it  a  ball  or  anything  resem- 
bling a  ball. 

Fourth.  A  continuous  sounding  with  any  fog-signal 
apparatus. 

At  night — 

First.  A  gun  or  other  explosive  signal  fired  at  inter- 
vals of  about  a  minute. 

Second.  Flames  on  the  vessel  (as  from  a  burning  tar 
barrel,  oil  barrel,  and  so  forth). 


PART   XXXrV. RULES    TO    PREVENT    COLLISIONS.  369 

Third.  Rockets  or  shells  throwing  stars  of  any  color  or  ^international 
description,  fired  one  at  a  time,  at  short  intervals. 

Fourth.  A  continuous  sounding  with  any  fog-signal 
apparatus. 

370.  Consideration  of  future  rules. 

The  Secretary  of  State  is  hereby  authorized  to  recon-  Feb.  5, 1S96. 
vene  the  delegates  of  the  United  States  to  the  Washing- 
ton International  Marine  Conference  of  eighteen  hundred 
and  eighty-nine,  whenever  in  his  judgment  it  is  expedient, 
for  the  further  consideration  of  rules  to  prevent  collisions 
at  sea  and  in  the  waters  of  the  United  States. 

371.  Inland  rules  of  1897. 

The  following  regulations  for  preventing  collision  shall  June  7,  isot. 
be  followed  by  all  vessels  navigating  all  harbors,  rivers, 
and  inland  waters  of  the  United  States,  except  the  Great 
Lakes  and  their  connecting  and  tributary  waters  as  far 
east  as  Montreal  and  the  Red  River  of  the  North  and 
rivers  emptying  into  the  Gulf  of  Mexico  and  their  tribu- 
taries, and  are  hereby  declared  special  rules  duly  made  by 
local  authority. 

Every  pilot,  engineer,  mate,  or  master  of  any  steam-  Sec- 3- 
vessel,  and  every  master  or  mate  of  any  barge  or  canal- 
boat,  who  neglects  or  refuses  to  observe  the  provisions  of 
this  Act,  or  the  regulations  established  in  pursuance  of 
the  preceding  section  ("see  section  2,  page  347],  shall  be 
liable  to  a  penalty  of  fifty  dollars,  and  for  all  damages 
sustained  by  any  passenger  in  his  person  or  baggage  by 
such  neglect  or  refusal:  Provided,  That  nothing  herein 
shall  relieve  any  vessel,  owner  or  corporation  from  any 
liability  incurred  by  reason  of  such  neglect  or  refusal. 

Every  vessel  that  shall  be  navigated  without  complying  Sec.  4. 
with  the  provisions  of  this  Act  shall  be  liable  to  a  penalty 
of  two  hundred  dollars,  one-half  to  go  to  the  informer, 
for  which  sum  the  vessel  so  navigated  shall  be  liable  and 
may  be  seized  and  proceeded  against  by  action  in  any 
district  court  of  the  United  States  having  jurisdiction  of 
the  offense. 

PRELIMINARY    DEFINITIONS. 

In  the  following  rules  every  steam  vessel  which  is  under  June  i,  1897. 
sail  and  not  under  steam  is  to  be  considered  a  sailing- 
vessel,  and  every  vessel  under  steam,  whether  under  sail 
or  not,  is  to  be  considered  a  steam  vessel. 

The  word  "  steam- vessel  "  shall  include  any  vessel  pro- 
pelled by  machinery. 

A  vessel  is  "  under  way,"  within  the  meaning  of  these 
rules,  when  she  is  not  at  anchor,  or  made  fast  to  the 
shore   or  aground. 

II. — Lights  and  so  forth. 

The  word  "  visible "  in  these  rules,  when  applied  to 
lights,  shall  mean  visible  on  a  dark  night  with  a  clear 
atmosphere. 

143562°— 19 24 


370  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

inland  rules.  Article  1.  The  rules  concerning  lights  shall  be  com- 
plied with  in  all  weathers  from  sunset  to  sunrise,  and 
during  such  time  no  other  lights  which  may  be  mistaken 
for  the  prescribed  lights  shall  be  exhibited. 

STEAM  VESSELS MASTHEAD  LIGHT. 

Art.  2.  A  steam-vessel  when  under  way  shall  carry — 
(a)  On  or  in  front  of  the  foremast,  or,  if  a  vessel  without 
a  foremast,  then  in  the  forepart  of  the  vessel,  a  bright 
white  light  so  constructed  as  to  show  an  unbroken  light 
over  an  arc  of  the  horizon  of  twenty  points  of  the  com- 
pass, so  fixed  as  to  throw  the  light  ten  points  on  each  side 
of  the  vessel,  namely,  from  right  ahead  to  two  points 
abaft  the  beam  on  either  side,  and  of  such  a  character  as 
to  be  visible  at  a  distance  of  at  least  five  miles. 

STEAM  VESSELS SIDE  LIGHTS. 

(b)  On  the  starboard  side  a  green  light  so  constructed 
as  to  show  an  unbroken  light  over  an  arc  of  the  horizon 
of  ten  points  of  the  compass,  so  fixed  as  to  throw  the  light 
from  right  ahead  to  two  points  abaft  the  beam  on  the 
starboard  side,  and  of  such  a  character  as  to  be  visible  at 
a  distance  of  at  least  two  miles. 

(c)  On  the  port  side  a  red  light  so  constructed  as  to 
show  an  unbroken  light  over  an  arc  of  the  horizon  of  ten 
points  of  the  compass,  so  fixed  as  to  throw  the  light  from 
right  ahead  to  two  points  abaft  the  beam  on  the  port  side, 
and  of  such  a  character  as  to  be  visible  at  a  distance  of  at 
least  two  miles. 

(d)  The  said  green  and  red  side-lights  shall  be  fitted 
with  inboard  screens  projecting  at  least  three  feet  for- 
ward from  the  light,  so  as  to  prevent  these  lights  from 
being  seen  across  the  bow. 

STEAM    VESSELS RANGE    LIGHTS. 

(e)  A  sea-going  steam-vessel  when  under  way  may 
carry  an  additional  white  light  similar  in  construction  to 
the  light  mentioned  in  subdivision  (a).  These  two  lights 
shall  be  so  placed  in  line  with  the  keel  that  one  shall  be 
at  least  fifteen  feet  higher  than  the  other,  and  in  such  a 
position  with  reference  to  each  other  that  the  lower  light 
shall  be  forward  of  the  upper  one.  The  vertical  distance 
between  these  lights  shall  be  less  than  the  horizontal 
distance. 

(f)  All  steam- vessels  (except  sea  going  vessels  and 
ferryboats),  shall  carry  in  addition  to  green  and  red 
lights  required  by  article  two  (b),  (c),  and  screens  as 
required  by  article  two  (d),  a  central  range  of  two  white 
lights:  the  after-light  being  carried  at  an  elevation  at 
least  fifteen  feet  above  the  light  at  the  head  of  the  vessel. 
The  head-light  shall  be  so  constructed  as  to  show  an  un- 


PART   XXXIV. RULES   TO    PREVENT   COLLISIONS.  37 1 

broken   light   through    twenty    points    of    the   compass,     Inland  rnles- 
namely,  from  right  ahead  to  two  points  abaft  the  beam  on 
either  side  of  the  vessel,  and  the  after-light  so  as  to  show 
all  around  the  horizon. 

STEAM-VESSELS  WHEN  TOWING. 

Art.  3.  A  steam-vessel  when  towing  another  vessel 
shall,  in  addition  to  her  side-lights,  carry  two  bright  white 
lights  in  a  vertical  line  one  over  the  other,  not  less  than 
three  feet  apart,  and  when  towing  more  than  one  vessel 
shall  carry  an  additional  bright  white  light  three  feet 
above  or  below  such  lights,  if  the  length  of  the  tow  meas- 
uring from  the  stern  of  the  towing  vessel  to  the  stern  of 
the  last  vessel  towed  exceeds  six  hundred  feet.  Each  of 
these  lights  shall  be  of  the  same  construction  and  char- 
acter, and  shall  be  carried  in  the  same  position  as  the 
white  light  mentioned  in  article  two  (a)  or  the  after 
range  light  mentioned  in  article  two  (f). 

Such  steam  vessels  may  carry  a  small  white  light  abaft 
the  funnel  or  aftermast  for  the  vessel  towed  to  steer  by, 
but  such  light  shall  not  be  visible  forward  of  the  beam. 

LIGHTS  FOR  SAILING  VESSELS  AND  VESSELS  IN  TOW. 

Art.  5.  A  sailing-vessel  under  way  or  being  towed  shall 
carry  the  same  lights  as  are  prescribed  by  article  two  for 
a  steam- vessel  under  way,  with  the  exception  of  the  white 
lights  mentioned  therein,  which  they  shall  never  carry. 

LIGHTS  FOR  FERRY-BOATS,  BARGES,  AND  CANAL-BOATS  IN  TOW, 
AND  FOR  DREDGES  AND  VESSELS  WORKING  ON  WRECKS,  ETC. 

The  supervising  inspectors  of  steam  vessels  and  the  f^y%  1914 
Supervising  Inspector  General  shall  establish  such  rules 
to  be  observed  by  steam  vessels  in  passing  each  other  and 
as  to  the  lights  to  be  carried  by  ferryboats  and  by  barges 
and  canal  boats  when  in  tow  of  steam  vessels,  and  as 
to  the  lights  and  day  signals  to  be  carried  by  vessels, 
dredges  of  all  types,  and  vessels  working  on  wrecks  by  [or] 
other  obstruction  to  navigation  or  moored  for  submarine 
operations,  or  made  fast  to  a  sunken  object  which  may 
drift  with  the  tide  or  be  towed,  not  inconsistent  with  the 
provisions  of  this  Act,  as  they  from  time  to  time  may 
deem  necessary  for  safety,  which  rules  when  approved  by  ^eb-1li '  1903' 
the  Secretary  of  Commerce  are  hereby  declared  special 
rules  duly  made  by  local  authority,  as  provided  for  in 
article  thirty  of  chapter  eight  hundred  and  two  of  the 
laws  of  eighteen  hundred  and  ninety.  Two  printed  copies 
of  such  rules  shall  be  furnished  to  such  ferryboats,  barges, 
dredges,  canal  boats,  vessels  working  on  wrecks,  and 
steam  vessels,  which  rules  shall  be  kept  posted  up  in  con- 
spicuous places  in  such  vessels,  barges,  dredges,  and  boats. 


372  NAVIGATION    LAWS    OF    THE    UNITED   STATES. 

Inland  rules.  LIGHTS  FOR  SMALL  VESSELS. 

June  7, 1897.  Art.  g.  Whenever,  as  in  the  case  of  vessels  of  less  than 
ten  gross  tons  under  way  during  bad  weather,  the  green 
and  red  side-lights  can  not  be  fixed,  these  lights  shall  be 
kept  at  hand,  lighted  and  ready  for  use ;  and  shall,  on  the 
approach  of  or  to  other  vessels,  be  exhibited  on  their 
respective  sides  in  sufficient  time  to  prevent  collision,  in 
such  manner  as  to  make  them  most  visible,  and  so  that  the 
green  light  shall  not  be  seen  on  the  port  side  nor  the  red 
light  on  the  starboard  side,  nor,  if  practicable,  more  than 
two  points  abaft  the  beam  on  their  respective  sides.  To 
make  the  use  of  these  portable  lights  more  certain  and 
easy  the  lanterns  containing  them  shall  each  be  painted 
outside  with  the  color  of  the  light  they  respectively  con- 
tain, and  shall  be  provided  with  proper  screens. 

Art.  7.  Eowing  boats,  whether  under  oars  or  sail,  shall 
have  ready  at  hand  a  lantern  showing  a  white  light  which 
shall  be  temporarily  exhibited  in  sufficient  time  to  prevent 
collision. 

LIGHTS    FOR   PILOT    VESSELS. 

Art.  8.  Pilot- vessels  when  engaged  on  their  stations  on 
pilotage  duty  shall  not  show  the  lights  required  for  other 
vessels,  but  shall  carry  a  white  light  at  the  masthead, 
visible  all  around  the  horizon,  and  shall  also  exhibit  a 
flare-up  light  or  flare-up  lights  at  short  intervals,  which 
shall  never  exceed  fifteen  minutes. 

On  the  near  approach  of  or  to  other  vessels  they  shall 
have  their  side-lights  lighted,  ready  for  use,  and  shall 
flash  or  show  them  at  short  intervals,  to  indicate  the  direc- 
tion in  which  they  are  heading,  but  the  green  light  shall 
not  be  shown  on  the  port  side  nor  the  red  light  on  the 
starboard  side. 

A  pilot-vessel  of  such  a  class  as  to  be  obliged  to  go 
alongside  of  a  vessel  to  put  a  pilot  on  board  may  show  the 
white  light  instead  of  carrying  it  at  the  masthead,  and 
may,  instead  of  the  colored  lights  above  mentioned,  have 
at  hand,  ready  for  use,  a  lantern  with  a  green  glass  on 
the  one  side  and  a  red  glass  on  the  other,  to  be  used  as 
prescribed  above. 

Pilot-vessels,  when  not  engaged  on  their  station  on 
pilotage  duty,  shall  carry  lights  similar  to  those  of  other 
vessels  of  their  tonnage. 
Feb.  19, 1900.  A  steam  pilot  vessel,  when  engaged  on  her  station  on 
sees,  l,  2.  pilotage  duty  and  in  waters  of  the  United  States,  and  not 
at  anchor,  shall,  in  addition  to  the  lights  required  for  all 
pilot  boats,  carry  at  a  distance  of  eight  feet  below  her 
white  masthead  light  a  red  light,  visible  all  around  the 
horizon  and  of  such  a  character  as  to  be  visible  on  a  dark 
night  with  a  clear  atmosphere  at  a  distance  of  at  least 
two  miles,  and  also  the  colored  side  lights  required  to  be 
carried  by  vessels  when  under  way. 

When  engaged  on  her  station  on  pilotage  duty  and  in 
waters  of  the  United  States,  and  at  anchor,  she  shall  carry 
in  addition  to  the  lights  required  for  all  pilot  boats  the 
red  light  above  mentioned^  but  not  the  colored  side  lights. 


PART   XXXIV. RULES   TO   PREVENT   COLLISIONS.  873 

When  not  engaged  on  her  station  on  pilotage  duty,  she    Inland  rul,s- 
shall  cany  the  same  lights  as  other  steam  vessels. 

LIGHTS,  ETC.,  OF  PISHING  VESSELS. 

Art.  9.  (a)  Fishing- vessels  of  less  than  ten  gross  tons,  J«ne  7, 1897 
when  under  way  and  when  not  having  their  nets,  trawls, 
dredges,  or  lines  in  the  water,  shall  not  be  obliged  to  carry 
the  colored  side-lights ;  but  every  such  vessel  shall,  in  lieu 
thereof,  have  ready  at  hand  a  lantern  with  a  green  glass 
on  one  side  and  a  red  glass  on  the  other  side,  and  on  ap- 
proaching to  or  being  approached  by  another  vessel  such 
lantern  shall  be  exhibited  in  sufficient  time  to  prevent  col- 
lision, so  that  the  green  light  shall  not  be  seen  on  the  port 
side  nor  the  red  light  on  the  starboard  side. 

(b)  All  fishing- vessels  and  fishing-boats  of  ten  gross 
tons  and  upward,  when  under  way  and  when  not  having 
their  nets,  trawls,  dredges,  or  lines  in  the  water,  shall 
carry  and  show  the  same  lights  as  other  vessels  under 
way. 

(c)  All  vessels,  when  trawling,  dredging,  or  fishing 
with  any  kind  of  drag-nets  or  lines,  shall  exhibit,  from 
some  part  of  the  vessel  where  they  can  be  best  seen,  two 
lights.  One  of  these  lights  shall  be  -red  and  the  other 
shall  be  white.  The  red  lights  shall  be  above  the  white 
light,  and  shall  be  at  a  vertical  distance  from  it  of  not  less 
than  six  feet  and  not  more  than  twelve  feet ;  and  the  hori- 
zontal distance  between  them,  if  any,  shall  not  be  more 
than  ten  feet.  These  two  lights  shall  be  of  such  a  charac- 
ter and  contained  in  lanterns  of  such  construction  as  to  be 
visible  round  the  horizon,  the  white  light  a  distance  of 
not  less  than  three  miles  and  the  red  light  of  not  less  than 
two  miles. 

LIGHTS  EOR  RAFTS,  OR  OTHER  CRAFT,  NOT  PROVIDED  FOR. 

(d)  Rafts,  or  other  water  craft  not  herein  provided  for, 
navigating  by  hand  power,  horse  power,  or  by  the  cur- 
rent of  the  river,  shall  carry  one  or  more  good  white 
lights,  which  shall  be  placed  in  such  manner  as  shall  be 
prescribed  by  the  Board  of  Supervising  Inspectors  of 
Steam  Vessels. 

LIGHTS  FOR  AN  OVERTAKEN  VESSEL. 

Art.  10.  A  vessel  which  is  being  overtaken  by  another, 
except  a  steam-vessel  with  an  after  range-light  showing 
all  around  the  horizon,  shall  throw  from  her  stern  to  such 
last-mentioned  vessel  a  white  light  or  a  flare-up  light. 

ANCHOR  LIGHTS. 

Art.  11.  A  vessel  under  one  hundred  and  fifty  feet  in 
length,  when  at  anchor,  shall  carry  forward,  where  it  can 
best  be  seen,  but  at  a  height  not  exceeding  twenty  feet 
above  the  hull,  a  white  light  in  a  lantern  so  constructed  as 
to  show  a  clear,  uniform,  and  unbroken  light  visible  all 
around  the  horizon  at  a  distance  of  at  least  one  mile. 


374  NAVIGATION-    LAWS    OF    THE    UNITED    STATES. 

inland  rules.  j±  vessel  if  one  hundred  and  fifty  feet  or  upwards  in 
length  when  at  anchor  shall  carry  in  the  forward  part  of 
the  vessel,  at  a  height  of  not  less  than  twenty  and  not 
exceeding  forty  feet  above  the  hull,  one  such  light,  and 
at  or  near  the  stern  of  the  vessel,  and  at  such  a  height  that 
it  shall  be  not  less  than  fifteen  feet  lower  than  the  for- 
ward light,  another  such  light. 

The  length  of  a  vessel  shall  be  deemed  to  be  the  length 
appearing  in  her  certificate  of  registry. 

SPECIAL  SIGNALS. 

Art.  12.  Every  vessel  may,  if  necessaiy,  in  order  to 
attract  attention,  in  addition  to  the  lights  which  she  is  by 
these  rules  required  to  carry,  show  a  flare-up  light  or 
use  any  detonating  signal  thac  cannot  be  mistaken  for  a 
distress  signal. 

NAVAL  LIGHTS  AND  RECOGNITION   SIGNALS. 

Art.  13.  Nothing  in  these  rules  shall  interfere  with  the 
operation  of  any  special  rules  made  by  the  Government  of 
any  nation  with  respect  to  additional  station  and  signal 
lights  for  two  or  more  ships  of  war  or  for  vessels  sailing 
under  convoy,  or  with  the  exhibition  of  recognition  sig- 
nals adopted  by  shipowners,  which  have  been  authorized 
by  their  respective  Governments,  and  duly  registered  and 
published. 

STEAM  VESSEL  UNDER  SAIL  BY  DAY. 

Art.  14.  A  steam-vessel  proceeding  under  sail  onty,  but 
having  her  funnel  up,  may  carry  in  daytime,  forward, 
where  it  can  best  be  seen,  one  black  ball  or  shape  two  feet 
in  diameter. 

III. — Sound  Signals  in  Fog,  etc. 

PRELIMINARY. 

Art.  15.  All  signals  prescribed  by  this  article  for  ves- 
sels under  way  shall  be  given : 

1.  By  "  steam- vessels  "  on  the  whistle  or  siren. 

2.  By  "sailing-vessels "  and  "  vessels  towed "  on  the 
fog  horn. 

The  words  "  prolonged  blast "  used  in  this  article  shall 
mean  a  blast  of  from  four  to  six  seconds  duration. 

A  steam-vessel  shall  be  provided  with  an  efficient  whis- 
tle or  siren,  sounded  by  steam  or  by  some  substitute  for 
steam,  so  placed  that  the  sound  may  not  be  intercepted 
by  any  obstruction,  and  with  an  efficient  fog  horn;  also 
with  an  efficient  bell.  A  sailing-vessel  of  twenty  tons 
gross  tonnage  or  upward  shall  be  provided  with  a  similar 
fog  horn  and  bell. 


PART   XXXIV. RULES    TO   PREVENT   COLLISIONS.  3? 5 

In  fog,  mist,  falling  snow,  or  heavy  rainstorms,  whether    Inland  rules- 
by  day  or  night,  the  signals  described  in  this  article  shall 
be  used  as  follows,  namely : 

STEAM    VESSEL   UNDER   WAY. 

(a)  A  steam- vessel  under  way  should  sound,  at  inter- 
vals of  not  more  than  one  minute,  a  prolonged  blast. 

SAIL   VESSEL   UNDER    WAY. 

(c)  A  sailing  vessel  under  way  shall  sound,  at  inter- 
vals of  not  more  than  one  minute,  when  on  the  starboard 
tack,  one  blast ;  when  on  the  port  tack,  two  blasts  in  suc- 
cession, and  when  with  the  wind  abaft  the  beam,  three 
blasts  in  succession. 

VESSELS  AT  ANCHOR  OR  NOT  UNDER  WAY. 

(d)  A  vessel  when  at  anchor  shall,  at  intervals,  of  not 
more  than  one  minute,  ring  the  bell  rapidly  for  about 
five  seconds. 

VESSELS  TOWING  OR  TOWED. 

(e)  A  steam-vessel  when  towing,  shall,  instead  of  the 
signals  prescribed  in  subdivision  (a)  of  this  article,  at 
intervals  of  not  more  than  one  minute,  sound  three  blasts 
in  succession,  namely,  one  prolonged  blast  followed  by 
two  short  blasts.  A  vessel  towed  may  give  this  signal 
and  she  shall  not  give  any  other. 

RAETS,  OR  OTHER  CRAFT  NOT  PROVIDED  FOR. 

(f )  All  rafts  or  other  water  craft,  not  herein  provided 
for,  navigating  by  hand  power,  horse  power,  or  by  the 
current  of  the  river,  shall  sound  a  blast  of  the  fog-horn, 
or  equivalent  signal,  at  intervals  of  not  more  than  one 
minute. 

SPEED    IN    FOG. 

Art.  16.  Every  vessel  shall,  in  a  fog,  mist,  falling 
snow,  or  heavy  rainstorms,  go  at  a  moderate  speed,  hav- 
ing careful  regard  to  the  existing  circumstances  and 
conditions. 

A  steam-vessel  hearing,  apparently  forward  of  her 
beam,  the  fog-signal  of  a  vessel  the  position  of  which  is 
not  ascertained  shall,  so  far  as  the  circumstances  of  the 
case  admit,  stop  her  engines,  and  then  navigate  with  cau- 
tion until  danger  of  collision  is  over. 


376  NAVIGATION    LAWS   OF   THE   UNITED   STATES. 

Inland  rules.  jy# STEERING  AND   SAILING  RuLES. 

PRELIMINARY. 

Risk  of  collision  can,  when  circumstances  permit,  be 
ascertained  by  carefully  watching  the  compass  bearing  of 
an  approaching  vessel.  If  the  bearing  does  not  appre- 
ciably change,  such  risk  should  be  deemed  to  exist. 

SAILING    VESSELS. 

Art.  17.  When  two  sailing-vessels  are  approaching  one 
another,  so  as  to  involve  risk  of  collision,  one  of  them 
shall  keep  out  of  the  way  of  the  other  as  follows,  namely : 

(a)  A  vessel  which  is  running  free  shall  keep' out  of 
the  way  of  a  vessel  which  is  close-hauled. 

(b)  A  vessel  which  is  close-hauled  on  the  port  tack 
shall  keep  out  of  the  way  of  a  vessel  which  is  close-hauled 
on  the  starboard  tack. 

(c)  When  both  are  running  free,  with  the  wind  on  dif- 
ferent sides,  the  vessel  which  has  the  wind  on  the  port 
side  shall  keep  out  of  the  way  of  the  other. 

(d)  When  both  are  running  free,  with  the  wind  on  the 
same  side,  the  vessel  which  is  to  the  windward  shall  keep 
out  of  the  way  of  the  vessel  which  is  to  the  leeward. 

(e)  A  vessel  which  has  the  wind  aft  shall  keep  out  of 
the  way  of  the  other  vessel. 

STEAM    VESSELS. 

Art.  18.  Rule  I.  When  steam-vessels  are  approaching 
each  other  head  and  head,  that  is,  end  on,  or  nearly  so,  it 
shall  be  the  duty  of  each  to  pass  on  the  port  side  of  the 
other;  and  either  vessel  shall  give,  as  a  signal  of  her  in- 
tention, one  short  and  distinct  blast  of  her  whistle,  which 
the  other  vessel  shall  answer  promptly  by  a  similar  blast 
of  her  whistle,  and  thereupon  such  vessel  shall  pass  on  the 
port  side  of  each  other.  But  if  the  courses  of  such  ves- 
sels are  so  far  on  the  starboard  of  each  other  as  not  to  be 
considered  as  meeting  head  and  head,  either  vessel  shall 
immediately  give  two  short  and  distinct  blasts  of  her 
whistle,  which  the  other  vessel  shall  answer  promptly  by 
two  similar  blasts  of  her  whistle,  and  they  shall  pass  on 
the  starboard  side  of  each  other. 

The  foregoing  only  applies  to  cases  where  vessels  are 
meeting  end  on  or  nearly  end  on,  in  such  a  manner  as  to 
involve  risk  of  collision;  in  other  words,  to  cases  in 
which,  by  day,  each  vessel  sees  the  masts  of  the  other  in  a 
line,  or  nearly  in  a  line,  with  her  own,  and  by  night  to 
cases  in  which  each  vessel  is  in  such  a  position  as  to  see 
both  the  sidelights  of  the  other. 

It  does  not  apply  by  day  to  cases  in  which  a  vessel  sees 
another  ahead  crossing  her  own  course,  or  by  night  to 
cases  where  the  red  light  of  one  vessel  is  opposed  to  the 


PART   XXXIV. RULES   TO    PREVENT   COLLISIONS.  377 

red  light  of  the  other,  or  where  the  green  light  of  one    lnU"A  ru,es- 
vessel  is  opposed  to  the  green  light  of  the  oilier,  or  where 
a  red  light  without  a  green  light  or  a  green  light  without 
a  red  light,  is  seen  ahead,  or  where  both  green  and  red 
lights  are  seen  anywhere  but  ahead. 

Rule  III.  If,  when  steam-vessels  are  approaching  each 
other,  either  vessel  fails  to  understand  the  course  or  inten- 
tion of  the  other,  from  any  cause,  the  vessel  so  in  doubt 
shall  immediately  signify  the  same  by  giving  several  short 
and  rapid  blasts,  not  less  than  four,  of  the  steam-whistle. 

Rule  V.  Whenever  a  steam-vessel  is  nearing  a  short 
bend  or  curve  in  the  channel,  where,  from  the  height  of 
the  banks  or  other  cause,  a  steam-vessel  approaching  from 
the  opposite  direction  can  net  be  seen  for  a  distance  of 
half  a  mile,  such  steam-vessel,  when  she  shall  have  arrived 
within  half  a  mile  of  such  curve  or  bend,  shall  give  a  sig- 
nal by  one  long  blast  of  the  steam-whistle,  which  signal 
shallbe  answered  by  a  similar  blast,  given  by  any  ap- 
proaching steam-vessel  that  may  be  within  hearing. 
Should  such  signal  be  so  answered  by  a  steam-vessel  upon 
the  farther  side  of  such  bend,  then  the  usual  signals  for 
meeting  and  passing  shall  immediately  be  given  and 
answered ;  but,  if  the  first  alarm  signal  of  such  vessel  be 
not  answered,  she  is  to  consider  the  channel  clear  and 
govern  herself  accordingly. 

When  steam-vessels  are  moved  from  their  docks  or 
berths,  and  other  boats  are  liable  to  pass  from  any  direc- 
tion toward  them,  they  shall  give  the  same  signal  as  in 
the  case  of  vessels  meeting  at  a  bend,  but  immediately 
after  clearing  the  berths  so  as  to  be  fully  in  sight  they 
shall  be  governed  by  the  steering  and  sailing  rules.  _ 

Rule  VIII.  When  steam-vessels  are  running  in  the 
same  direction,  and  the  vessel  which  is  astern  shall  desire 
to  pass  on  the  right  or  starboard  hand  of  the  vessel  ahead, 
she  shall  give  one  short  blast  of  the  steam-whistle,  as  a 
signal  of  such  desire,  and  if  the  vessel  ahead  answers  with 
one  blast,  she  shall  put  her  helm  to  port ;  or  if  she  shall 
desire  to  pass  on  the  left  or  port  side  of  the  vessel  ahead, 
she  shall  give  two  short  blasts  of  the  steam-whistle  as  a 
signal  of  such  desire,  and  if  the  vessel  ahead  answers 
with  two  blasts,  shall  put  her  helm  to  starboard ;  or  if  the 
vessel  ahead  does  not  think  it  safe  for  the  vessel  astern  to 
attempt  to  pass  at  that  point,  she  shall  immediately  sig- 
nify the  same  by  giving  several  short  and  rapid  blasts  of 
the  steam-whistle,  not  less  than  four,  and  under  no  cir- 
cumstances shall  the  vessel  astern  attempt  to  pass  the 
vessel  ahead  until  such  time  as  they  have  i°ached  a  point 
where  it  can  be'safely  done,  when  said  vessel  ahead  shall 
signify  her  willingness  by  blowing  the  proper  signals. 
The  vessel  ahead  shall  in  no  case  attempt  to  cross  the  bow 
or  crowd  upon  the  course  of  the  passing  vessel. 

Rule  IX.  The  whistle  signals  provided  in  the  rules 
under  this  article,  for  steam-vessels  meeting,  passing,  or 


Sec.  10. 


378  NAVIGATION    LAWS   OF    THE    UNITED   STATES. 

inland  rules,  overtaking,  are  never  to  be  used  except  when  steamers  are 
in  sight  of  each  other,  and  the  course  and  position  of  each 
can  be  determined  in  the  daytime  by  a  sight  of  the  vessel 
itself,  or  by  night  by  seeing  its  signal  lights.  In  fog, 
mist,  falling  snow  or  heavy  rainstorms,  when  vessels  can 
not  see  each  other,  fog-signals  only  must  be  given. 

.  SUPPLEMENTARY  REGULATIONS. 

»ec  2.  The  supervising  inspectors  of  steam  vessels  and  the 

May  25, 1914.  Supervising  Inspector  General  shall  establish  such  rules 
to  be  observed  by  steam  vessels  in  passing  each  other  and 
as  to  the  lights  to  be  carried  by  ferryboats  and  by  barges 
and  canal  boats  when  in  tow  of  steam  vessels,  and  as  to 
the  lights  and  da}^  signals  to  be  carried  by  vessels, 
dredges  of  all  types,  and  vessels  working  on  wrecks  by  [or] 
other  obstruction  to  navigation  or  moored  for  submarine 
operations,  or  made  fast  to  a  sunken  object  which  may 
drift  with  the  tide  or  be  towed,  not  inconsistent  with  the 
provisions  of  this  Act,  as  they  from  time  to  time  may 
Feb.  14, 1903.  deem  necessary  for  safety,  which  rules  when  approved  by 
the  Secretary  of  Commerce  are  hereby  declared  special 
rules  duly  made  by  local  authority,  as  provided  for  in 
article  thirty  of  chapter  eight  hundred  and  two  of  the 
laws  of  eighteen  hundred  and  ninety.  Two  printed  copies 
of  such  rules  shall  be  furnished  to  such  ferryboats,  barges, 
dredges,  canal  boats,  vessels  working  on  wrecks,  and 
steam  vessels,  which  rules  shall  be  kept  posted  up  in  con- 
spicuous places  in  such  vessels,  barges,  dredges,  and  boats. 

TWO  STEAM-VESSELS  CROSSING. 

June  7, 1897.  Art.  19.  When  two  steam  vessels  are  crossing,  so  as  to 
involve  risk  of  collision,  the  vessel  which  has  the  other  on 
her  own  starboard  side  shall  keep  out  of  the  way' of  the 
other. 

STEAM-VESSEL    SHALL    KEEP    OUT    OF   THE    WAY    OF    SAILING- 
VESSEL. 

Art.  20.  When  a  steam-vessel  and  sailing-vessel  are 
proceeding  in  such  directions  as  to  involve  risk  of  col- 
lision, the  steam-vessel  shall  keep  out  of  the  way  of  the 
sailing-vessel. 

course  and  speed. 

Art.  21.  Where,  by  any  of  these  rules,  one  of  the  two 
vessels  is  to  keep  out  of  the  way,  the  other  shall  keep  her 
.  course  and  speed. 

[See  articles  27  and  29.] 

CROSSING   AHEAD. 

Art.  22.  Every  vessel  which  is  directed  by  these  rules 
to  keep  out  of  the  way  of  another  vessel  shall,  if  the  cir- 
cumstances of  the  case  admit,  avoid  crossing  ahead  of  the 
other. 


PART   XXXIV.— RULES   TO    PREVENT    COLLISIONS.  379 


STEAM-VESSELS  SHALL  SLACKEN  SPEED  OR  STOP. 

Art.  23.  Every  steam-vessel  which  is  directed  by  these 
rules  to  keep  out  of  the  way  of  another  vessel  shall,  on 
approaching  her.  if  necessary,  slacken  her  speed  or  stop 
or  reverse. 

OVERTAKING  VESSELS. 

Art.  24.  Notwithstanding  anything  contained  in  these 
rules  every  vessel,  overtaking  any  other,  shall  keep  out  of 
the  way  of  the  overtaken  vessel. 

Every  vessel  coming  up  with  another  vessel  from  any 
direction  more  than  two  points  abaft  her  beam,  that  is, 
in  such  a  position,  with  reference  to  the  vessel  which  she 
is  overtaking  that  at  night  she  would  be  unable  to  see 
either  of  that  vessel's  side-lights,  shall  be  deemed  to  be 
an  overtaking  vessel ;  and  no  subsequent  alteration  of  the 
bearing  between  the  two  vessels  shall  make  the  overtak- 
ing vessel  a  crossing  vessel  within  the  meaning  of  these 
rules,  or  relieve  her  of  the  duty  of  keeping  clear  of  the 
overtaken  vessel  until  she  is  finally  past  and  clear. 

As  by  day  the  overtaking  vessel  can  not  always  know 
with  certainty  whether  she  is  forward  of  or  abaft  this 
direction  from  the  other  vessel  she  should,  if  in  doubt, 
assume  that  she  is  an  overtaking  vessel  and  keep  out  of 
the  way. 

NARROW  CHANNELS. 

Art.  25.  In  narrow  channels  every  steam-vessel  shall, 
when  it  is  safe  and  practicable,  keep  to  that  side  of  the 
fair-way  or  mid-channel  which  lies  on  the  starboard  side 
of  such  vessel. 

RIGHTS  OF  WAY  OF  FISHING  VESSELS. 

Art.  26.  Sailing-vessels  under  way  shall  keep  out  of 
the  way  of  sailing-vessels  or  boats  fishing  with  nets,  or 
lines  or  trawls.  This  rule  shall  not  give  to  any  vessel  or 
boat  engaged  in  fishing  the  right  of  obstructing  a  fair- 
way used  by  vessels  other  than  fishing- vessels  or  boats. 

GENERAL  PRUDENTIAL  RULE. 

Art.  27.  In  obeying  and  construing  these  rules  due  re- 
gard shall  be  had  to  all  dangers  of  navigation  and  colli- 
sion, and  to  any  special  circumstances  which  may  render 
a  departure  from  the  above  rules  necessary  in  order  to 
avoid  immediate  danger. 

SOUND  SIGNALS  FOR  PASSING  STEAMERS. 

(See  Art.  18.) 

Art.  28.  When  vessels  are  in  sight  of  one  another  a 
steam-vessel  under  way  whose  engines  are  going  at  full 
speed  astern  shall  indicate  that  fact  by  three  short  blasts 
on  the  whistle. 


Inland  rules. 


380  NAVIGATION    LAWS    OP   THE   UNITED   STATES. 

Inland  rule*.  PRECAUTION. 

Art.  29.  Nothing  in  these  rules  shall  exonerate  any  ves- 
sel, or  the  owner  or  master  or  crew  thereof,  from  the  con- 
sequences of  any  neglect  to  carry  lights  or  signals,  or  of 
any  neglect  to  keep  a  proper  lookout,  or  of  the  neglect  of 
any  precaution  which  may  be  required  by  the  ordinary 
practice  of  seamen,  or  by  the  special  circumstances  of  the 
case. 

LIGHTS    ON     UNITED    STATES    NAVAL    VESSELS    AND    REVENUE 
GUTTERS. 

Art.  30.  The  exhibition  of  any  light  on  board  of  a  ves- 
sel of  war  of  the  United  States  or  a  revenue  cutter  may  be 
suspended  whenever,  in  the  opinion  of  the  Secretary  of 
the  Navy,  the  commander  in  chief  of  a  squadron,  or  the 
commander  of  a  vessel  acting  singly,  the  special  character 
of  the  service  may  require  it. 

DISTRESS  SIGNALS. 

_  Art.  31.  When  a  vessel  is  in  distress  and  requires  as- 
sistance from  other  vessels  or  from  the  shore  the  follow- 
ing shall  be  the  signals  to  be  used  or  displayed  by  her, 
either  together  or  separately,  namely : 

IN  THE  DAYTIME. 

A  continuous  sounding  with  any  fog-signal  apparatus, 
or  firing  a  gun. 

AT    NIGHT. 

First.  Flames  on  the  vessel  as  from  a  burning  tar  bar- 
rel, oil  barrel,  and  so  forth. 

Second.  A  continuous  sounding  with  any  fog-signal 
apparatus,  or  firing  a  gun. 

372.  Limits  of  application  of  international  and  inland  or  local 
rules. 

Iec'219'  1895'  ^ie  Secretary  of  Commerce  is  hereby  authorized,  em- 
Feb.  14,  1903.  powered  and  directed  from  time  to  time  to  designate  and 
sec.  io.  define  by  suitable  bearings  or  ranges  with  light  houses, 

light  vessels,  buoys  or  coast  objects,  the  lines  dividing  the 
high  seas  from  rivers,  harbors  and  inland  waters.  The 
words  "  inland  waters  "  used  in  this  Act  shall  not  be  held 
to  include  the  Great  Lakes  and  their  connecting  and 
tributary  waters  as  far  east  as  Montreal : 

LINES  ESTABLISHING  HARBORS,  RIVERS,  AND  INLAND  WATERS  OP  THE 
UNITED  STATES,  WITHIN  WHICH  THE  INLAND  RULES  ARE  TO 
APPLY. 

(All    bearings   are   in   degrees    true   and   points    magnetic,    and    are   given 
approximately;  distances  in  nautical  miles.) 

Cutler  (Little  River)  Harbor,  Me.:  A  line  drawn  from  Long 
Point  226°  (SW.  by  W.  f  W.)  to  Little  River  Head. 

Little  Machias  Bay,  Machias  Bay,  Englishman  Bay,  Chandler 
Bay,    Moosabec    Reach,    Pleasant    Bay,    Narraguagus    Bay,    and 


PART  XXXIV. RULES   TO   PREVENT   COLLISIONS.  381 

Pigeon  Hill  Bay,  Me. :  A  line  drawn  from  Little  River  Head  232°     inland  rules. 

(WSW.  i  W.)  to  the  outer  side  of  Old  Man;  thence  234°   (WSW. 

|  W.)  to  the  outer  side  of  Double  Shot  Islands;  thence  245°   (W. 

|  S.)   to  Libby  Islands  Lighthouse;  thence  231*  °    (WSW.  i  W.) 

to  Moose  Peak  Lighthouse;  thence  233°    (WSW.  \  W.)   to  Little 

Pond  Head;  from  Pond  Point,  Great  Wass  Island,  230°    (WSW. 

J  W.)  to  outer  side  of  Crumple  Island;  thence  248°   (W.  $  S.)  to 

Petit  Manan  Lighthouse. 

All  harbors  on  the  coast  of  Maine,  New  Hampshire,  and  Massa- 
chusetts between  Petit  Manan  Lighthouse,  Me.,  and  Cape  Ann 
Lighthouses,  Mass. :  A  line  drawn  from  Petit  Manan  Lighthouse 
205*°  (SW.  i  S.),  26*  miles,  to  Mount  Desert  Lighthouse;  thence 
250*°  (W.  i  S.),  about  33  miles,  to  Matinicus  Rock  Lighthouses; 
thence  267J°  (WNW.  £  W.),  23*  miles,  to  Monhegan  Island  Light- 
house; thence  260°  (W.  *  N.),  19*  miles  to  Seguin  Lighthouse; 
thence  233°  (WSW.),  181  miles,  to  Cape  Elizabeth  Lightvessel, 
No.  74;  thence  214f°  (SW.  f  W.),  29*.  miles,  to  Boon  Island 
Lighthouse;  thence  210*°  (SW.),  11  miles,  to  Anderson  Ledge 
Spindle,  off  Isles  of  Shoals  Lighthouse;  thence  176*/  (S.  I  W.), 
19*  miles,  to  Cape  Ann  Lighthouses,  Mass. 

Boston  Harbor:  From  Eastern  Point  Lighthouse  215°  (SW. 
|W.),  15|  miles,  to  The  Graves  Lighthouse;  thence  139*/  (SSE. 
*  E.),  7*  miles,  to  Minots  Ledge  Lighthouse. 

All  harbors  in  Cape  Cod  Bay,  Mass. :  A  line  drawn  from  Ply- 
mouth (Gurnet)  Lighthouses  773°  (E.  J  S.),  16i  miles,  to  Race 
Point  Lighthouse. 

Nantucket  Sound,  Vineyard  Sound,  Buzzards  Bay,  Narragan- 
sett  Bay,  Block  Island  Sound,  and  easterly  entrance  to  Long 
Island  Sound :  A  line  drawn  from  Chatham  Lighthouses,  Mass., 
146°  (S.  by  E.  |E.),  4§  miles,  to  Pollock  Rip  Shoals  Lightvessel, 
No.  73;  thence  142°  (SSE.  J  E.),  12£  miles,  to  Great  Round  Shoal 
Entrance  Gas,  Whistling,  and  Submarine  Bell  Buoy  (PS)  ;  thence 
229°  (SW.  by  W.  *  W.),  14*  miles,  to  Sankaty  Head  Lighthouse; 
from  Smith  Point,  Nantucket  Island,  265°  (W.  f  N.),  25*  miles,  to 
southeasterly  point  No  Mans  Land ;  from  westerly  point  No  Mans 
Land  359°  (N.  by  E.),  5i  miles  to  Gay  Head  Lighthouse;  thence 
250i°  (W.  f  S.),  34*  miles,  to  Block  Island  Southeast  Lighthouse; 
thence  250*°  (W.  %  S.),  14f  miles,  to  Montauk  Point  Lighthouse, 
on  the  easterly  end  of  Long  Island,  N.  Y. 

New  York  Harbor:  A  line  drawn  front  Rockaway  Point  Life- 
Saving  Station  1671°  (S.  i  E.),  6*.  miles,  to  Ambrose  Channel 
Lightvessel',  No.  87;  thence  238*°  (WSW.),  8i  miles,  to  Navesink 
(southerly)  Lighthouse. 

Philadelphia  Harbor  and  Delaware  Bay :  A  line  drawn  from 
Cape  May  Lighthouse  200°  (SSW.  f  W.),  8*  miles,  to  Overfalls 
Lightvessel,  No.  69;  thence  246i°  (WSW.  *  W.),  3*,  mile,  to  Cape 
Henlopen  Lighthouse. 

Baltimore  Harbor  and  Chesapeake  Bay :  A  line  drawn  from 
Cape  Charles  Lighthouse  188*  °  (S.  by  W.  *  W.),  10  miles,  to 
Outer  Entrance  Whistling  Buoy,  2;  thence  241|°  (SW.  by  W.  1 
W.),  4  miles,  to  Cape  Henry  Lighthouse. 

Charleston  Harbor:  A  line  drawn  from  Ferris  Wheel,  on  Isle 
of  Palms,  154°  (SSE.  |  B.),  7  miles,  to  Charleston  Lightvessel, 
No.  34;  thence  259°  (W.  |  S.)  through" Charleston  Whistling  Buoy, 
6C,  7f  miles,  until  Charleston  Lighthouse  bears  350°  (N.  £  W.)  ; 
thence  270°   (W.),  2 *  miles,  to  the  beach  of  Folly  Island. 

Savannah  Harbor  and  Calibogue  Sound :  A  line  drawn  from 
Braddock  Point,  Hilton  Head  Island,  149°  (SSE.  f  E.),  9J  miles, 
to  Tybee  Gas  and  Whistling  Buoy,  T  (PS)  ;  thence  270°  (W.) 
to  the  beach  of  Tybee  Island. 

St.  Simon  Sound  (Brunswick  Harbor)  and  St.  Andrew  Sound: 
From  hotel  on  beach  of  St.  Simon  Island  II  mile  60°  (NE.  by  E. 
f  E.)  from  St,  Simon  Lighthouse,  1305°   (SE,  *  E.),  6f  miles,  to 


382  NAVIGATION    LAWS    OF    THE    UNITED   STATES. 

inland  rules,  gt.  Simon  Whistling  Buoy;  thence  192°  (S.  by  W.),  8|  miles,  to 
St.  Andrew  Sound  Bar  Buoy  (PS)  ;  thence  270°  (W.  I  S.),  4| 
miles,  to  the  shore  of  Little  Cumberland  Island. 

St.  Johns  River,  Fla. :  A  straight  line  from  the  outer  end  of 
the  northerly  jetty  to  tbe  outer  end  of  the  southerly  jetty. 

Florida  Reefs  and  Keys :  A  line  drawn  from  the  easterly  end  of 
the  northerly  jetty,  at  tbe  entrance  to  the  dredged  channel  * 
mile  northerly  of  Norris  Cut,  114J°  (ESE.),  1|  miles,  to  Florida 
Reefs  North  End  Beacon,  W. ;  thence  178|°  (S.  i  E.),  7i  miles,  to 
Biscayne  Bay  Sea  Bell  Buoy,  1;  thence  1S1|°  (S.),  2|  miles,  to 
Fowey  Rocks  Lighthouse;  thence  188°  (S.  \  W.),  6$  miles,  to 
Triumph  Reef  Beacon,  O;  thence  193°  (S.  by  W.),  44.  miles,  to 
Ajax  Reef  Beacon,  M;  thence  194 J °  (S.  by  W.  |  W.),  2  miles,  to 
Pacific  Reef  Beacon,  L;  thence  196 \ °  (S.  by  W.  §  W.),  5  miles,  to 
Turtle  Harbor  Sea  Buoy,  2;  thence  210°  (SSW.  \  W.),  4|  miles, 
to  Carysfort  Reef  Lighthouse;  thence  2094°  (SSW.  \  W.),  5| 
miles,  to  Elbow  Reef  Beacon,  J;  thence  218°  (SW.  f  S.),  7| 
miles,  to  French  Reef  Beacon,  G;  thence  220+°  (SW.  \  S.),  2 
miles,  to  Molasses  Reef  Beacon,  T;  thence  234^°  (SW.  f  W.),  6 
miles,  to  Conch  Reef  Beacon,  E;  thence  235°  (SW.  f  W.)  through 
Crocker  Reef  Beacon,  D,  10i  miles,  to  Alligator  Reef  Lighthouse ; 
thence  238°  (SW.  by  W.),  9  miles,  to  Tennessee  Reef  Beacon,  7; 
thence  222f°  (SW.  4  S.),  2  miles,  to  Tennessee  Reef  Buov,  4; 
thence  251°  (WSW.  JW.),  10*  miles,  to  Coffins  Patchless  Beacon, 
C;  thence  247°  (SW.  by  W.  f  W.),  8f  miles,  to  Sombrero  Key 
Lighthouse;  thence  250°  (WSW.),  2*  miles,  to  Sombrero  Key 
Turn  Buoy  (PS)  ;  thence  253°  (WSW.  \  W.),  6i  miles,  to  Bahia 
Honda  Sea  Buoy  (PS)  ;  thence  255|°  (WSW.  \  W.),  7*  miles,  to 
Looe  Key  Beacon,  6;  thence  2574/  (WSW.  f  W.),  6f  miles,  to 
American  Shoal  Lighthouse;  thence  253i°  (WSW.  f  W.),  2| 
miles,  to  Maryland  Shoal  Beacon,  S;  thence  259°  (WSW.  f  W.), 
5$  miles,  to  Eastern  Sambo  Beacon,  A;  thence  2564°  (WSW.  i 
W.),  2\  miles,  to  Western  Sambo  Beacon,  R;  thence  252J° 
(WSW.  I  W.),  If  miles,  to  Western  Sambo  Buoy,  2;  thence  261f° 
(W.  by  S.),  through  Ship  Channel  Shoal  Beacon,  5.  3|  miles,  to 
Main  Ship  Channel  Entrance  Bar  Buoy  (PS)  ;  thence  2594/ 
(WSW.  I  W.),  24  miles,  to  Eastern  Dry  Rocks  Beacon,  4;  thence 
2564°  (WSW.  i  W.),  1J  miles,  to  Sand  Key  Lighthouse;  thence 
261°  (W.  by  S.),  2|  miles,  to  Western  Dry  Rocks  Beacon,  2; 
thence  268f°  (W.  f  S.),  3i  miles,  through  Satan  Shoal  Buoy 
(HS)  to  Vestal  Shoal  Buoy,  1;  thence  273£°  (W.  i  N.),  5i 
miles,  to  Coal  Bin  Rock  Buoy  (HS)  ;  thence  324|°  (NW.  f  N.), 
7|  miles,  to  Conch  Key ;  from  northwesterly  point  Marquesas 
Keys  Qli°  (NE.  by  E.  |  E.),  4£  miles,  to  North  Entrance  Buoy 
(PS),  Boca  Grande  Channel;  thence  84°  (E.  f  N.),  9|  miles,  to 
Northwest  Channel  Entrance  Bell  Buoy  (PS),  Northwest  Chan- 
nel into  Key  West;  thence  68i°  (NE.  by  E.  i  E.),  23*  miles,  to 
northerly  side  of  Content  Keys;  thence  484/  (NE.  f  E.),  294 
miles,  to  East  Cape,  Cape  Sable. 

Charlotte  Harbor  and  Punta  Gorda,  Fla. :  Eastward  of  En- 
trance Bell  Buoy  (PS),  off  Boca  Grande,  and  in  Charlotte  Har- 
bor, in  Pine  Island  Sound  and  Matlacha  Pass.  Pilot  Rules  for 
Western  Rivers  apDly  in  Peace  and  Myacca  Rivers  north  of  a 
250°  and  70°  (WSW.  and  ENE.)  line  through  Mangrove  Point 
Light ;  and  in  Caloosahatchee  River  northward  of  the  steamboat 
wharf  at  Puntarasa. 

Tampa  Bay  and  tributaries,  Fla. :  From  the  southerly  end  of 
Long  Key  245^°  (SW.  by  W.  f  W.),  3  miles,  to  Entrance  Gas  and 
Whistling  Buoy  (PS)  ;  thence  128*/  (S.E.  f  E.),  64  miles,  to  Bar 
Bell  Buoy  (PS)  at  the  entrance  to  Southwest  Channel;  thence 
1024  (E.  I  S.),  2|  miles,  to  the  house  on  the  north  end  of  Anna 
Maria  Key.  Pilot  Rules  for  Western  Rivers  apply  in  Manatee 
River  inside  Entrance  Buoy  (PS)  ;  in  Hillsboro  River  inside 
Barrel  Stake  Beacon. 

St.  George  Sound,  Apalachicola  Bay,  Carrabelle  and  Apalachi- 
cola  Rivers,  and  St.  Vincent  Sound,  Fla. :  North  of  a  line  from 


PART   XXXIV. RULES   TO    PREVENT    COLLISIONS.  383 

Lighthouse  Point  24G°    (SW.  by  W.  §  W.),  13|  miles,  to  south-     Inland  rules. 

easterly  end  of  Dog  Island ;  to  northward  of  East  Pass  Bell  Buoy 

(PS)   at  the  entrance  to  East  Pass,  and  inside  West  Pass  Bell 

Buoy  (PS)  at  the  seaward  entrance  to  West  Pass.    Pilot  Rules  for 

Western  Rivers  apply  in  Carrabelle  River  and  when  on  the  range 

and  crossing  the  bar  at  the  entrance ;  in  Apalachicola  River  and 

northward  of  Five-Foot  Lump  Buoy,  5,  when  crossing  the  bar. 

Pensacola  Harbor :  From  Caucus  Cut  Entrance  Whistling  Buoy 
(PS)  S°  (N.  i  E.)  tangent  to  easterly  side  of  Fort  Pickens,  to  the 
shore  of  Santa  Rosa  Island,  and  from  the  Whistling  Buoy  north- 
ward in  the  buoyed  channel  through  Caucus  Shoal. 

Mobile  Harbor  and  Bay:  From  Outer  Whistling  Buoy  (PS)  40° 
(NE.  by  N.)  to  shore  of  Mobile  Point,  and  from  the  Whistling 
Buoy  320°  (NW.)  to  the  shore  of  Dauphin  Island.  Pilot  Rules 
for  Western  Rivers  apply  in  Mobile  River  above  Battery  Gladden 
Light. 

Sounds,  Lakes,  and  Harbors  on  the  Coasts  of  Alabama,  Missis- 
sippi, and  Louisiana,  between  Mobile  Bay  Entrance  and  the  Delta 
of  the  Mississippi  River:  From  Sand  Island  Lighthouse  259° 
(WSW.  \  W.),  43|  miles,  to  Chandeleur  Lighthouse;  westward  of 
Chandeleur  and  Errol  Islands,  and  west  of  a  line  drawn  from  the 
southwesterly  point  of  Errol  Island  1S2°  (S.  \  E.),  23^  miles,  to 
Pass  a  Loutre  Lighthouse.  Pilot  Rules  for  Western  Rivers  apply 
in  Pascagoula  River,  and  in  the  dredged  cut  at  the  entrance  to 
the  river,  above  Pascagoula  River  Entrance  Light,  A,  marking 
the  entrance  to  the  dredged  cut. 

New  Orleans  Harbor  and  the  Delta  of  the  Mississippi  River. 
Inshore  of  a  line  drawn  from  the  outermost  mud  lump  showing 
above  low  water  at  the  entrance  to  Pass  a  Loutre  to  a  similar 
lump  off  the  entrance  to  Northeast  Pass;  thence  to  a  similar  lump 
off  the  entrance  to  Southeast  Pass ;  thence  to  the  outermost  aid  to 
navigation  off  the  entrance  to  South  Pass;  thence  to  the  outer- 
most aid  to  navigation  off  the  entrance  to  Southwest  Pass ;  thence 
northerly,  about  ISA  miles,  to  the  westerly  point  of  the  entrance  to 
Jaque  Bay. 

Sabine  Pass,  Tex. :  Pilot  Rules  for  Western  Rivers  apply  to 
Sabine  Pass  northward  of  Sabine  Pass  Whistling  Buoy  (PS),  and 
in  Sabine  Lake  and  its  tributaries.  Outside  of  this  buoy  the 
International  Rules  apply. 

Galveston  Harbor :  A  line  drawn  from  Galveston  North  Jetty 
Light  164°  (SSE.  \  E.),  2|  miles,  to  Galveston  Bar  Gas  Buoy 
(PS);  thence  312i°  (NW.  I  W.),  1|  miles,  to  Galveston  (S.) 
Jetty  Light. 

Brazos  River,  Tex. :  Pilot  Rules  for  Western  Rivers  apply  in  the 
Brazos  River  above  the  outer  ends  of  the  jetties.  International 
Rules  apply  outside  the  ends  of  the  jetties. 

San  Diego  Harbor:  A  line  drawn  from  southerly  tower  Coro- 
nado  Hotel  221|°  (SSW.  §  W.),  4f  miles,  to  Outside  Bar  Whistling 
Buoy,  SD.  (PS)  ;  thence  356f°  (N.  by  W.  f  W.),  2|  miles,  to  Point 
Loma  Lighthouse. 

San  Francisco  Harbor  :  A  line  drawn  through  Mile  Rocks  Light- 
house 326°   (NW.  f  W.)  to  Bonita  Point  Lighthouse. 

Columbia  River  Entrance :  A  line  drawn  from  knuckle  of  Colum- 
bia River  south  jetty  351°  (NNW.  f  W.)  to  Cape  Disappointment 
Lighthouse. 

Juan  de  Fuca  Strait,  Washington  and  Puget  Sounds :  A  line 
drawn  from  New  Dungeness  Lighthouse  19^°  (N.  \  W.),  171 
miles,  to  Cattle  Point  Light,  on  southeasterly  point  of  San  Juan 
Island  (Mount  Constitution,  on  Orcas  Island,  is  in  range  with 
Cattle  Point  Light  on  this  line)  ;  from  Bellevue  Point,  San  Juan 
Island,  335|°  (NW.  §  W.),  to  Kellett  Bluff,  Henry  Island;  thence 
346°  (NW.  f  N.)  to  Turn  Point  Light;  thence  70^°  (NE.  \  E.),  8| 
miles,  to  westerly  point  of  Skipjack  Island;  thence  37 J°  (N.  by 
E.  i  E.),  41  miles,  to  Patos  Islands  Light;  thence  337§°  (NW.  i 
W.),  12  miles,  to  Point  Roberts  Light. 


384  NAVIGATION    LAWS    OF    THE    UNITED   STATES. 

Inland  rules.  General  rule. — At  all  buoyed  entrances  from  seaward  to  bays, 
sounds,  rivers,  or  other  estuaries,  for  which  specific  lines  have 
not  been  described,  inland  rules  shall  apply  inshore  of  a  line, 
approximately  parallel  with  the  general  trend  of  the  shore,  drawn 
through  the  outermost  buoy  or  other  aid  to  navigation  of  any 
system  of  aids. 

373.  Rules  for  the  Great  Lakes  and  the  St.  Lawrence  River  as 
far  east  as  Montreal. 

Feb.  8,  1895.  The  following  rules  for  preventing  collisions  shall  be 
followed  in  the  navigation  of  all  public  and  private  ves- 
sels of  the  United  States  upon  the  Great  Lakes  and  their 
connecting  and  tributary  waters  as  far  east  as  Montreal. 

Steam  and  Sail  Vessels. 

Kule  1.  Every  steam  vessel  which  is  under  sail  and 
not  under  steam,  shall  be  considered  a  sail  vessel;  and 
every  steam  vessel  which  is  under  steam,  whether  under 
sail  or  not,  shall  be  considered  a  steam  vessel.  The  word 
steam  vessel  shall  include  any  vessel  propelled  by  ma- 
chinery. A  vessel  is  under  way  within  the  meaning  of 
these  rules  when  she  is  not  at  anchor  or  made  fast  to  the 
shore  or  aground. 


Rule  2.  The  lights  mentioned  in  the  following  rules 
and  no  others  shall  be  carried  in  all  weathers  from  sunset 
to  sunrise.  The  word  visible  in  these  rules  when  applied 
to  lights  shall  mean  visible  on  a  dark  night  with  a  clear 
atmosphere. 

Rule  3.  Except  in  the  cases  hereinafter  expressly  pro- 
vided for,  a  steam  vessel  when  under  way  shall  carry: 

(a)  On  or  in  front  of  the  foremast,  or  if  a  vessel  with- 
out a  foremast,  then  in  the  forepart  of  the  vessel,  at  a 
height  above  the  hull  of  not  less  than  twenty  feet,  and  if 
the  beam  of  the  vessel  exceeds  twenty  feet,  then  at  a 
height  above  the  hull  not  less  than  such  beam,  so,  how- 
ever, that  such  height  need  not  exceed  forty  feet,  a  bright 
white  light  so  constructed  as  to  show  an  unbroken  light 
over  an  arc  of  the  horizon  of  twenty  points  of  the  com- 
pass, so  fixed  as  to  throw  the  light  ten  points  on  each  side 
of  the  vessel,  namely,  from  right  ahead  to  two  points 
abaft  the  beam  on  either  side,  and  of  such  character  as  to 
be  visible  at  a  distance  of  at  least  five  miles. 

(b)  On  the  starboard  side,  a  green  light,  so  constructed 
as  to  throw  an  unbroken  light  over  an  arc  of  the  horizon 
of  ten  points  of  the  compass,  so  fixed  as  to  throw  the  light 
from  right  ahead  to  two  points  abaft  the  beam  on  the 
starboard  side,  and  of  such  a  character  as  to  be  visible  at 
a  distance  of  at  least  two  miles. 

(c)  On  the  port  side,  a  red  light,  so  constructed  as  to 
show  an  unbroken  light  over  an  arc  of  the  horizon  of  ten 
points  of  the  compass,  so  fixed  as  to  throw  the  light  from 
right  ahead  to  two  points  abaft  the  beam  on  the  port  side, 


PART  XXXIV. RULES   TO   PREVENT  COLLISIONS,  385 

and  of  such  a  character  as  to  be  visible  at  a  distance  of  at  rulG™at  L  a  k  *s 
least  two  miles. 

(d)  The  said  green  and  red  lights  shall  be  fitted  with 
inboard  screens  projecting  at  least  three  feet  forward 
from  the  light,  so  as  to  prevent  these  lights  from  being 
seen  across  the  bow. 

(e)  A  steamer  of  over  one  hundred  and  fifty  feet  reg- 
ister length  shall  also  carry  when  under  way  an  addi- 
tional bright  light  similar  in  construction  to  that  men- 
tioned in  subdivision  (a),  so  fixed  as  to  throw  the  light 
all  around  the  horizon  and  of  such  character  as  to  be 
visible  at  a  distance  of  at  least  three  miles.  Such  addi- 
tional light  shall  be  placed  in  line  with  the  keel  at  least 
fifteen  feet  higher  than  the  deck  and  more  than  seventy- 
five  feet  abaft  the  light  mentioned  in  subdivision  (a). 

VESSELS  TOWING. 

Rule  4.  A  steam  vessel  having  a  tow  other  than  a  raft 
shall  in  addition  to  the  forward  bright  light  mentioned 
in  subdivision  (a)  of  rule  three  carry  in  a  vertical  line 
not  less  than  six  feet  above  or  below  that  light  a  second 
bright  light  of  the  same  construction  and  character  and 
fixed  and  carried  in  the  same  manner  as  the  forward 
bright  light  mentioned  in  said  subdivision  (a)  of  rule 
three.  Such  steamer  shall  also  carry  a  small  bright  light 
abaft  the  funnel  or  aftermast  for  the  tow  to  steer  by,  but 
such  light  shall  not  be  visible  forward  of  the  beam. 

Rule  5.  A  steam  vessel  having  a  raft  in  tow  shall,  in- 
stead of  the  forward  lights  mentioned  in  rule  four,  carry 
on  or  in  front  of  the  foremast,  or  if  a  vessel  without  a 
foremast  then  in  the  fore  part  of  the  vessel,  at  a  height 
above  the  hull  of  not  less  than  twenty  feet,  and  if  the 
beam  of  the  vessel  exceeds  twenty  feet,  then  at  a  height 
above  the  hull  not  less  than  such  beam,  so  however  that 
such  height  need  not  exceed  forty  feet,  two  bright  lights 
in  a  horizontal  line  athwartships  and  not  less  than  eight 
feet  apart,  each  so  fixed  as  to  throw  the  light  all  around 
the  horizon  and  of  such  character  as  to  be  visible  at  a 
distance  of  at  least  five  miles.  Such  steamer  shall  also 
carry  the  small  bright  steering  light  aft,  of  the  character 
and  fixed  as  required  in  rule  four. 

Rule  6.  A  sailing  vessel  under  way  and  any  vessel 
being  towed  shall  carry  the  side  lights  mentioned  in  rule 
three. 

A  vessel  in  tow  shall  also  carry  a  small  bright  light 
aft,  but  such  light  shall  not  be  visible  forward  of  the 
beam. 

Rule  7.  The  lights  for  tugs  under  thirty  tons  register 
whose  principal  business  is  harbor  towing,  and  for  boats 
navigating  only  on  the  River  Saint  Lawrence,  also  ferry- 
boats, rafts,  and  canal  boats,  shall  be  regulated  by  rules 
which  have  been  or  may  hereafter  be  prescribed  by  the 
Board  of  Supervising  Inspectors  of  Steam  Vessels. 

143562°— 19 25 


386  NAVIGATION    LAWS    OF    THE    UNITED   STATES. 

rui"erscat  L  *  k  e8  Eule  8.  Whenever,  as  in  the  case  of  small  vessels  under 
■way  during  bad  weather,  the  green  and  red  side  lights  can 
not  be  fixed,  these  lights  shall  be  kept  at  hand  lighted  and 
ready  for  use,  and  shall,  on  the  approach  of  or  to  other 
vessels,  be  exhibited  on  their  respective  sides  in  sufficient 
time  to  prevent  collision,  in  such  manner  as  to  make  them 
most  visible,  and  so  that  the  green  light  shall  not  be  seen 
on  the  port  side,  nor  the  red  light  on  the  starboard  side. 
nor,  if  practicable,  more  than  two  points  abaft  the  beam 
on  their  respective  sides.  To  make  the  use  of  these  port- 
able lights  more  certain  and  easy,  they  shall  each  be 
painted  outside  with  the  color  of  the  light  they  respec- 
tively contain,  and  shall  be  provided  with  suitable  screens. 

Eule  9.  A  vessel  under  one  hundred  and  fifty  feet  reg- 
ister length,  when  at  anchor,  shall  carry  forward,  where 
it  can  best  be  seen,  but  at  a  height  not  exceeding  twenty 
feet  above  the  hull,  a  white  light  in  a  lantern  constructed 
so  as  to  show  a  clear,  uniform,  and  unbroken  light,  visible 
all  around  the  horizon,  at  a  distance  of  at  least  one  mile. 

A  vessel  of  one  hundred  and  fifty  feet  or  upward  in 
register  length,  when  at  anchor,  shall  carry  in  the  forward 
part  of  the  vessel,  at  a  height  of  not  less  than  twenty  and 
not  exceeding  forty  feet  above  the  hull,  one  such  light, 
and  at  or  near  the  stern  of  the  vessel,  and  at  such  a  height 
that  it  shall  be  not  less  than  fifteen  feet  lower  than  the 
forward  light,  another  such  light. 

Kule  10.  Produce  boats,  canal  boats,  fishing  boats, 
rafts,  or  other  water  craft  navigating  any  bay,  harbor,  or 
river  by  hand  power,  horse  power,  sail,  or  by  the  current 
of  the  river,  or  which  shall  be  anchored  or  moored  in  or 
near  the  channel  or  fairway  of  any  bay,  harbor,  or  river, 
and  not  otherwise  provided  for  in  these  rules,  shall  carry 
one  or  more  good  white  lights,  which  shall  be  placed  in 
such  manner  as  shall  be  prescribed  by  the  Board  of 
Supervising  Inspectors  of  Steam  Vessels. 

Eule  11.  Open  boats  shall  not  be  obliged  to  carry  the 
side  lights  required  for  other  vessels,  but  shall,  if  they  do 
not  carry  such  lights,  carry  a  lantern  having  a  green  slide 
on  one  side  and  a  red  slide  on  the  other  side ;  and  on  the 
approach  of  or  to  other  vessels,  such  lantern  shall  be 
exhibited  in  sufficient  time  to  prevent  collision,  and  in 
such  a  manner  that  the  green  light  shall  not  be  seen  on 
the  port  side,  nor  the  red  light  on  the  starboard  side. 
Open  boats,  when  at  anchor  or  stationary,  shall  exhibit  a 
bright  white  light.  They  shall  not,  howeATer,  be  prevented 
from  using  a  flare-up  in  addition  if  considered  expedient. 

Eule  12.  Sailing  vessels  shall  at  all  times,  on  the  ap- 
proach of  any  steamer  during  the  night-time,  show  a 
lighted  torch  upon  that  point  or  quarter  to  which  such 
steamer  shall  be  approaching. 

Eule  13.  The  exhibition  of  any  light  on  board  of  a  ves- 
sel of  war  or  revenue  cutter  of  the  United  States  may  be 
suspended  whenever,  in  the  opinion  of  the  Secretary  of 


PART  XXXIV. RULES  TO   PREVENT  COLLISIONS.  387 

the  Navy,  the  commander  in  chief  of  a  squadron,  or  the  ru{^('at  Lakcs 
commander  of  a  vessel  acting  singly,  the  special  character 
of  the  service  may  require  it. 

FOG  SIGNALS. 

Rule  14.  A  steam  vessel  shall  be  provided  with  an  effi- 
cient whistle,  sounded  by  steam  or  by  some  substitute  for 
steam,  placed  before  the  funnel  not  less  than  eight  feet 
from  the  deck,  or  in  such  other  place  as  the  local  inspec- 
tors of  steam  vessels  shall  determine,  and  of  such  char- 
acter as  to  be  heard  in  ordinary  weather  at  a  distance  of 
at  least  two  miles,  and  with  an  efficient  bell,  and  it  is 
hereby  made  the  duty  of  the  United  States  local  inspec- 
tors of  steam  vessels  when  inspecting  the  same  to  require 
each  steamer  to  be  furnished  with  such  whistle  and  bell. 
A  sailing  vessel  shall  be  provided  with  an  efficient  fog 
horn  and  with  an  efficient  bell. 

Whenever  there  is  thick  weather  by  reason  of  fog,  mist, 
falling  snow,  heavy  rainstorms,  or  other  causes,  whether 
by  day  or  by  night,  fog  signals  shall  be  used  as  follows : 

(a)  A  steam  vessel  under  Avay,  excepting  only  a  steam 
vessel  with  raft  in  tow,  shall  sound  at  intervals  of  not 
more  than  one  minute  three  distinct  blasts  of  her  whistle. 

(b)  Every  vessel  in  tow  of  another  vessel  shall,  at  in- 
tervals of  one  minute,  sound  four  bells  on  a  good  and 
efficient  and  properly  placed  bell  as  follows :  By  striking 
the  bell  twice  in  quick  succession,  followed  by  a  little 
longer  interval,  and  then  again  striking  twice  in  quick 
succession  (in  the  manner  in  which,  four  bells  is  struck  in 
indicating  time). 

(c)  A  steamer  with  a  raft  in  tow  shall  sound  at  inter- 
vals of  not  more  than  one  minute  a  screeching  or  Modoc 
whistle  for  from  three  to  five  seconds. 

(cl)  A  sailing  vessel  under  way  and  not  in  tow  shall 
sound  at  intervals  of  not  more  than  one  minute — 

If  on  the  starboard  tack  with  wind  forward  of  abeam, 
one  blast  of  her  fog  horn ; 

If  on  the  port  tack  with  wind  forward  of  the  beam,  two 
blasts  of  her  fog  horn ; 

If  she  has  the  wind  abaft  the  beam  on  either  side, 
three  blasts  of  her  fog  horn. 

(e)  Any  vessel  at  anchor  and  any  vessel  aground  in 
or  near  a  channel  or  fairway  shall  at  intervals  of  not 
more  than  two  minutes  ring  the  bell  rapidly  for  three  to 
five  seconds. 

(f)  ^Vessels  of  less  than  ten  tons  registered  tonnage, 
not  being  steam  vessels,  shall  not  be  obliged  to  give  the 
above-mentioned  signals,  but  if  they  do  not  they  shall 
make  some  other  efficient  sound  signal  at  intervals  of 
not  more  than  one  minute. 

(g)  Produce  boats,  fishing  boats,  rafts,  or  other  water 
craft  navigating  by  hand  power  or  by  the  current  of  the 
river,  or  anchored  or  moored  in  or  near  the  channel  or 


388  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

rufes6*1  Lakes  fairway  and  not  in  any  port,  and  not  otherwise  provided 
for  in  these  rules,  shall  sound  a  fog  horn,  or  equivalent 
signal,  at  intervals  of  not  more  than  one  minute. 

Rule  15.  Every  vessel  shall,  in  thick  weather,  by  rea- 
son of  fog,  mist,  falling  snow,  heavy  rain  storms,  or  other 
causes,  go  at  moderate  speed.  A  steam  vessel  hearing, 
apparently  not  more  than  four  points  from  right  ahead, 
the  fog  signal  of  another  vessel  shall  at  once  reduce  her 
speed  to  bare  steerageway,  and  navigate  with  caution 
until  the  vessels  shall  have  passed  each  other. 

Steering  and  Sailing  Rules. 

sailing  vessels. 

Rule  16.  When  two  sailing  vessels  are  approaching 
one  another  so  as  to  involve  risk  of  collision  one  of  them 
shall  keep  out  of  the  way  of  the  other,  as  follows,  namely : 

(a)  A  vessel  which  is  running  free  shall  keep  out  of  the 
way  of  a  vessel  which  is  closehauled. 

(b)  A  vessel  which  is  closehauled  on  the  port  tack  shall 
keep  out  of  the  way  of  a  vessel  which  is  closehauled  on 
the  starboard  tack. 

(c).  When  both  are  running  free,  with  the  wind  on 
different  sides,  the  vessel  which  has  the  wind  on  the  port 
side  shall  keep  out  of  the  way  of  the  other. 

(d)  When  they  are  running  free,  with  the  wind  on  the 
same  side,  the  vessel  which  is  to  windward  shall  keep  out 
of  the  way  of  the  vessel  which  is  to  leeward. 

STEAM  VESSELS. 

Rule  17.  When  two  steam  vessels  are  meeting  end  on, 
or  nearly  end  on,  so  as  to  involve  risk  of  collision  each 
shall  alter  her  course  to  starboard,  so  that  each  shall  pass 
on  the  port  side  of  the  other. 

Rule  18.  When  two  steam  vessels  are  crossing  so  as  to 
involve  risk  of  collision  the  vessel  which  has  the  other  on 
her  own  starboard  side  shall  keep  out  of  the  way  of  the 
other. 

Rule  19.  When  a  steam  vessel  and  a  sailing  vessel  are 
proceeding  in  such  directions  as  to  involve  risk  of  colli- 
sion the  steam  vessel  shall  keep  out  of  the  way  of  the 
sailing  vessel. 

Rule  20.  Where,  by  any  of  the  rules  herein  prescribed, 
one  of  two  vessels  shall  keep  out  of  the  way,  the  other 
shall  keep  her  course  and  speed. 

Rule  21.  Every  steam  vessel  which  is  directed  by  these 
rules  to  keep  out  of  the  way  of  another  vessel  shall,  on 
approaching  her,  if  necessary,  slacken  her  speed  or  stop 
or  reverse. 

Rule  22.  Notwithstanding  anything  contained  in  these 
rules  every  vessel  overtaking  any  other  shall  keep  out  of 
the  way  of  the  overtaken  vessel. 


PART  XXXIV. — RULES  TO   PREVENT  COLLISIONS.  389 

• 

Rule.  23.  In  all  weathers  every  steam  vessel  under  way  jireat  L  a  k  es 
in  taking  any  course  authorized  or  required  by  these  rules 
shall  indicate  that  course  by  the  following  signals  on  her 
whistle,  to  be  accompanied  whenever  required  by  corre- 
sponding alteration  of  her  helm ;  and  every  steam  vessel 
receiving  a  signal  from  another  shall  promptly  respond 
with  the  same  signal  or,  as  provided  in  Rule  Twenty-six : 

One  blast  to  mean,  "  I  am  directing  my  course  to 
starboard." 

Two  blasts  to  mean,  "  I  am  directing  my  course  to 
port."  But  the  giving  or  answering  signals  by  a  vessel 
required  to  keep  her  course  shall  not  vary  the  duties  and 
obligations  of  the  respective  vessels. 

Rule  2l  That  in  all  narrow  channels  where  there  is  a 
current,  and  in  the  rivers  Saint  Mary,  Saint  Clair,  De- 
troit, Niagara,  and  Saint  Lawrence,  when  two  steamers 
are  meeting,  the  descending  steamer  shall  have  the  right 
of  way,  and  shall,  before  the  vessels  shall  have  arrived 
within  the  distance  of  one-half  mile  of  each  other,  give 
the  signal  necessary  to  indicate  which  side  she  elects  to 
take. 

Rule  25.  In  all  channels  less  than  five  hundred  feet  in 
width,  no  steam  vessel  shall  pass  another  going  in  the 
same  direction  unless  the  steam  vessel  ahead  be  disabled 
or  signify  her  willingness  that  the  steam  vessel  astern 
shall  pass,  when  the  steam  vessel  astern  may  pass,  subject, 
however,  to  the  other  rules  applicable  to  such  a  situation. 
And  when  steam  vessels  proceeding  in  opposite  directions 
are  about  to  meet  in  such  channels,  both  such  vessels  shall 
be  slowed  down  to  a  moderate  speed,  according  to  the 
circumstances. 

Rule  26.  If  the  pilot  of  a  steam  vessel  to  which  a  pass- 
ing signal  is  sounded  deems  it  unsafe  to  accept  and  assent 
to  said  signal,  he  shall  not  sound  a  cross  signal;  but  in 
that  case,  and  in  every  case  where  the  pilot  of  one  steamer 
fails  to  understand  the  course  or  intention  of  an  approach- 
ing steamer,  whether  from  signals  being  given  or  an- 
swered erroneously,  or  from  other  causes,  the  pilot  of  such 
steamer  so  receiving  the  first  passing  signal,  or  the  pilot 
so  in  doubt,  shall  sound  several  short  and  rapid  blasts  of 
the  whistle;  and  if  the  vessels  shall  have  approached 
within  half  a  mile  of  each  other  both  shall  reduce  their 
speed  to  bare  steerage  way,  and,  if  necessary,  stop  and 
reverse. 

Rule  27.  In  obeying  and  construing  these  rules  due 
regard  shall  be  had  to  all  dangers  of  navigation  and  colli- 
sion and  to  any  special  circumstances  which  may  render  a 
departure  from  the  above  rules  necessary  in  order  to 
avoid  immediate  danger. 

Rule  28.  Nothing  in  these  rules  shall  exonerate  any 
vessel,  or  the  owner  or  master  or  crew  thereof,  from  the 
consequences  of  any  neglect  to  carry  lights  or  signals,  or 
of  any  neglect  to  keep  a  proper  lookout,  or  of  a  neglect  of 


390  NAVIGATION   LAWS   OP   THE   UNITED   STATES. 

Great  l  » k  ei  any  precaution  which  may  be  required  by  the  ordinary 
rules'  practice  of  seamen,  or  by  the  special  circumstances  of  the 

case. 

sec.  2.  a  fine,  not  exceeding  two  hundred  dollars,  may  be  im- 

posed for  the  violation  of  any  of  the  provisions  of  this 
Act.  The  vessel  shall  be  liable  for  the  said  penalty,  and 
may  be  seized  and  proceeded  against,  by  way  of  libel,  in 
the  district  court  of  the  United  States  for  any  district 
within  which  such  vessel  may  be  found. 

lib  14  loo-?       The  Secretary  of  Commerce  of  the  United  States  shall 

sec' io.'  '  '"  have  authority  to  establish  all  necessary  regulations,  not 
inconsistent  with  the  provision  of  this  Act,  required  to 
carry  the  same  into  effect. 

The  Board  of  Supervising  Inspectors  of  the  United 
States  shall  have  authority  to  establish  such  regulations 
to  be  observed  by  all  steam  vessels  in  passing  each  other, 
not  inconsistent  with  the  provisions  of  this  Act,  as  they 
shall  from  time  to  time  deem  necessary;  and  all  regula- 
tions adopted  by  the  said  Board  of  Supervising  Inspec- 
tors under  the  authority  of  this  Act,  when  approved  by 
the  Secretary  of  Commerce,  shall  have  the  force  of  law. 
Two  printed  copies  of  any  such  regulations  for  passing, 
signed  by  them,  shall  be  furnished  to  each  steam  vessel, 
and  shall  at  all  times  be  kept  posted  up  in  conspicuous 
places  on  board. 

Feb.  8, 1895.  All  laws  or  parts  of  laws,  so  far  as  applicable  to  the 
navigation  of  the  Great  Lakes  and  their  connecting  and 
tributary  waters  as  far  east  as  Montreal,  inconsistent  with 
the  foregoing  rules  are  hereby  repealed. 

374.  Rules  for  the  Red  River  of  the  North,  and  rivers  empty- 
ing into  the  Gulf  of  Mexico,  and  their  tributaries. 

june^7,  1897.  Sections  forty-two  hundred  thirty-three,  forty-four 
hundred  and  twelve  (with  the  regulations  made  in  pur- 
suance thereof,  except  the  rules  and  regulations  for  the 
government  of  pilots  of  steamers  navigating  the  Red 
River  of  the  North  and  rivers  emptying  into  the  Gulf  of 
Mexico  and  their  tributaries,  and  except  the  rules  for  the 
Great  Lakes  and  their  connecting  and  tributary  waters  as 
far  east  as  Montreal),  and  forty-four  hundred  and  thir- 
teen of  the  Revised  Statutes  of  the  United  States,  and 
chapter  two  hundred  and  two  of  the  laws  of  eighteen 
hundred  and  ninety-three,  and  sections  one  and  three  of 
chapter  one  hundred  and  two  of  the  laws  of  eighteen 
hundred  and  ninety-five,  and  sections  five,  twelve  and 
thirteen  of  the  Act  approved  March  third,  eighteen  hun- 
dred and  ninety-seven,  entitled  "An  Act  to  amend  the 
laws  relating  to  navigation,"  and  all  amendments  thereto, 
are  hereby  repealed  so  far  as  the  harbors,  rivers,  and  in- 
land waters  aforesaid  (except  the  Great  Lakes  and  then- 
connecting  and  tributary  waters  as  far  east  as  Montreal 
and  the  Red  River  of  the  North,  and  rivers  emptying 
into  the  Gulf  of  Mexico,  and  their  tributaries)  are  con- 
cerned. 


Sec.  4. 


Sec.  5. 


PART  XXXIV. EULES   TO   PREVENT  COLLISIONS.  391 

The  following  rules  for  preventing  collisions  on  the  ru^stprn  EiTer 
water  shall  be  followed  in  the  navigation  of  vessels  of  R-S_i4o33 
the  Navy  and  of  the  mercantile  marine  of  the  United 
States : 

STEAM  AND  SAIL  VESSELS. 

Rule  one.  Every  steam  vessel  which  is  under  sail  and  f^\%\ 1905- 
not  under  steam  shall  be  considered  a  sail  vessel;  and 
every  steam  vessel  which  is  under  steam,  whether  under 
sail  or  not,  shall  be  considered  a  steam  vessel.  The  words 
steam  vessel  shall  include  any  vessel  propelled  by 
machinery. 

LIGHTS. 

Rule  two.  The  lights  mentioned  in  the  following  rules,  R.  s.,  4233. 
and  no  others,  shall  be  carried  in  all  weathers,  between 
sunset  and  sunrise. 

Rule  three.  All  ocean-going  steamers,  and  steamers 
carrying  sail,  shall,  when  under  way,  carry— 

(A)  At  the  foremast  head,  a  bright  white  light,  of  such 
a  character  as  to  be  visible  on  a  dark  night,  with  a  clear 
atmosphere,  at  a  distance  of  at  least  five  miles,  and  so 
constructed  as  to  show  a  uniform  and  unbroken  light 
over  an  arc  of  the  horizon  of  twenty  points  of  the  com- 
pass, and  so  fixed  as  to  throw  the  light  ten  points  on  each 
side  of  the  vessel,  namely,  from  right  ahead  to  two  points 
abaft  the  beam  on  either  side. 

(B)  On  the  starboard  side,  a  green  light,  of  such  a 
character  as  to  be  visible  on  a  dark  night,  with  a  clear 
atmosphere,  at  a  distance  of  at  least  two  miles,  and  so 
constructed  as  to  show  a  uniform  and  unbroken  light 
over  an  arc  of  the  horizon  of  ten  points  of  the  compass, 
and  so  fixed  as  to  throw  the  light  from  right  ahead  to  two 
points  abaft  the  beam  on  the  starboard  side. 

(C)  On  the  port  side,  a  red  light,  of  such  a  character 
as  to  be  visible  on  a  dark  night,  with  a  clear  atmosphere, 
at  a  distance  of  at  least  two  miles,  and  so  constructed  as 
to  show  a  uniform  and  unbroken  light  over  an  arc  of  the 
horizon  of  ten  points  of  the  compass,  and  so  fixed  as  to 
throw  the  light  from  right  ahead  to  two  points  abaft  the 
beam  on  the  port  side. 

The  green  and  red  lights  shall  be  fitted  with  inboard 
screens,  projecting  at  least  three  feet  forward  from  the 
lights,  so  as  to  prevent  them  from  being  seen  across  the 
bow. 

Rule  four.  Steam-vessels,  when  towing  other  vessels, 
shall  carry  two  bright  white  mast-head  lights  vertically, 
in  addition  to  their  side  lights,  so  as  to  distinguish  them 
from  other  steam-vessels.  Each  of  these  mast-head  lights 
shall  be  of  the  same  character  and  construction  as  the 
mast-head  lights  prescribed  by  Rule  three. 

Rule  five.  All  steam-vessels,  other  than  ocean-going 
steamers  and  steamers  carrying  sail,  shall,  when  under 
way,  carry  on  the  starboard  and  port  side  lights  of  the 


392  NAVIGATION"    LAWS   OF   THE   UNITED   STATES. 

riM<Vs s<< "'  R'ver  same  character  and  construction  and  in  the  same  position 
as  are  prescribed  for  side-lights  by  Rule  three,  except  in 
the  case  provided  in  Rule  six. 

Rule  six.  River-steamers  navigating  waters  flowing 
into  the  Gulf  of  Mexico,  and  their  tributaries,  shall  carry 
the  following  lights,  namely:  One  red  light  on  the  out- 
board side  of  the  port  smoke-pipe,  and  one  green  light  on 
the  outboard  side  of  the  starboard  smoke-pipe.  Such 
lights  shall  show  both  forward  and  abeam  on  their 
respective  sides. 

Rule  seven.  All  coasting  steam-vessels,  and  steam-ves- 
sels other  than  ferry-boats  and  vessels  otherwise  expressly 
provided  for,  navigating  the  bays,  lakes,  rivers,  or  other 
inland  waters  of  the  United  States,  except  those  men- 
tioned in  Rule  six,  shall  carry  the  red  and  green  lights, 
as  prescribed  for  ocean-going  steamers;  and,  in  addition 
thereto,  a  central  range  of  two  white  lights;  the  after- 
light being  carried  at  an  elevation  of  at  least  fifteen  feet 
above  the  light  at  the  head  of  the  vessel.  The  head  light 
shall  be  so  constructed  as  to  show  a  good  light  through 
twenty  points  of  the  compass,  namely :  from  right  ahead 
to  two  points  abaft  the  beam  on  either  side  of  the  vessel ; 
and  the  after-light  so  as  to  show  all  around  the  horizon. 
Mar.  3,  1893.  ^he  lights  f or  ferryboats,  barges  and  canal  boats  when  in 
tow  of  steam  vessels  shall  be  regulated  by  such  rules  as 
the  Board  of  Supervising  Inspectors  of  Steam  Vessels 
shall  prescribe. 
e.  s.,  4233.  Rule  eight.  Sail-vessels,  under  way  or  being  towed, 

shall  carry  the  same  lights  as  steam-vessels  under  way, 
with  the  exception  of  the  white  mast-head  lights,  which 
they  shall  never  carry. 

Rule  nine.  Whenever,  as  in  case  of  small  vessels  dur- 
ing bad  weather,  the  green  and  red  lights  cannot  be  fixed, 
these  lights  shall  be  kept  on  deck,  on  their  respective  sides 
of  the  vessel,  ready  for  instant  exhibition,  and  shall,  on 
the  approach  of  or  to  other  vessels,  be  exhibited  on  their 
respective  sides  in  sufficient  time  to  prevent  collision,  in 
such  manner  as  to  make  them  most  visible,  and  so  that  the 
green  light  shall  not  be  seen  on  the  port  side,  nor  the  red 
light  on  the  starboard  side.  To  make  the  use  of  these 
portable  lights  more  certain  and  easy,  they  shall  each  be 
painted  outside  with  the  color  of  the  light  they  respec- 
tively contain,  and  shall  be  provided  with  suitable  screens. 

Rule  ten.  All  vessels,  whether  steam-vessels  or  sail-ves- 
sels, when  at  anchor  in  roadsteads  or  fairways,  shall,  be- 
tween sunset  and  sunrise,  exhibit  where  it  can  best  be 
seen,  but  at  a  height  not  exceeding  twenty  feet  above  the 
hull,  a  white  light  in  a  globular  lantern  of  eight  inches 
in  diameter,  and  so  constructed  as  to  show  a  clear,  uni- 
form, and  unbroken  light,  visible  all  around  the  horizon, 
and  at  a  distance  of  at  least  one  mile. 

Rule  eleven.  Sailing  pilot-vessels  shall  not  carry  the 
lights  required  for  other  sailing-vessels,  but  shall  carry  a 


PART   XXXIV. EULES   TO   PREVENT  COLLISIONS. 


893 


white   light   at   the   mast-head,   visible   all    around   the  rnj£8tern  BiTer 
horizon,  and  shall  also  exhibit  a  flare-up  light  every  fif- 
teen minutes. 

Steam  pilot  boats  shall,  in  addition  to  the  mast-head  g^."!,  wot. 
light  and  green  and  red  side  lights  required  for  ocean  Sec  5. 
steam  vessels,  carry  a  red  light  hung  vertically  from  three 
to  five  feet  above  the  foremast  headlight,  for  the  purpose 
of  distinguishing  such  steam  pilot  boats  from  other  steam 
vessels. 

Rule  twelve.  Coal-boats,  trading-boats,  produce-boats, 
canal-boats,  oyster-boats,  fishing-boats,  rafts,  or  other 
water-craft,  navigating  any  bay,  harbor,  or  river,  by 
hand-power,  horse  power,  sail,  or  by  the  current  of  the 
river,  or  which  shall  be  anchored  or  moored  in  or  near 
the  channel  or  fairway  of  any  bay,  harbor,  or  river,  shall 
carry  one  or  more  good  white  lights,  which  shall  be 
placed  in  such  manner  as  shall  be  prescribed  by  the 
board  of  supervising  inspectors  of  steam- vessels  [but  l™\f>  1886 
this  rule  shall  be  so  construed  as  not  to  require  row  boats  Feb.  8,1895. 
and  skin's  on  the  river  St.  Lawrence  to  carry  lights]. 

Rule  thirteen.  Open  boats  shall  not  be  required  to  carry  R-  s.,  4233. 
the  side-lights  required  for  other  vessels,  but  shall,  if  they 
do  not  carry  such  lights,  carry  a  lantern  having  a  green 
slide  on  one  side  and  a  red  slide  on  the  other  side ;  and,  on 
the  approach  of  or  to  other  vessels,  such  lantern  shall  be 
exhibited  in  sufficient  time  to  prevent  collision,  and  in 
such  a  manner  that  the  green  light  shall  not  be  seen  on  the 
port  side,  nor  the  red  light  -on  the  starboard  side.  Open 
boats,  when  at  anchor  or  stationary,  shall  exhibit  a  bright 
white  light.  They  shall  not,  however,  be  prevented  from 
using  a  flare-up,  in  addition,  if  considered  expedient. 

Rule  fourteen.  The  exhibition  of  any  light  on  board  of  ^Ia?;'|,2is97. 
a  vessel  of  war  of  the  United  States  may  be  suspended  sec.  12'. 
whenever,  in  the  opinion  of  the  Secretary  of  the  Navy, 
the  commander  in  chief  of  a  squadron,  or  the  commander 
of  a  vessel  acting  singly,  the  special  character  of  the  serv- 
ice may  require  it.  The  exhibition  of  any  light  on  board 
of  a  revenue  cutter  of  the  United  States  may  be  suspended 
whenever,  in  the  opinion  of  the  commander  of  the  vessel, 
the  special  character  of  the  service  may  require  it. 

Rule  fifteen.  Whenever  there  is  a  fog,  or  thick  weather,  g^'Jfiiw. 
whether  by  day  or  night,  fog  signals  shall  be  used  as  fol-  sec.  12'. 
lows:  (a) 'Steam  vessels  under  way  shall  sound  a  steam 
whistle  placed  before  the  funnel,  not  less  than  eight  feet 
from  the  deck,  at  intervals  of  not  more  than  one  minute. 
Steam  vessels,  when  towing,  shall  sound  three  blasts  of 
quick  succession  repeated  at  intervals  of  not  more  than 
one  minute,  (b)  Sail  vessels  under  way  shall  sound  a 
fog  horn   at   intervals  of   not   more   than   one  minute. 

(c)  Steam  vessels  and  sail  vessels,  when  not  under  way, 
shall  sound  a  bell  at  intervals  of  not  more  than  two 
minutes. 


394  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

u^sestern  BlTer  (D)  Coal-boats,  trading-boats,  produce-boats,  canal- 
boats,  oyster-boats,  fishing-boats,  rafts,  or  other  water- 
craft,  navigating  any  bay,  harbor,  or  river,  by  hand- 
power,  horse-power,  sail,  or  by  the  current  of  the  river, 
or  anchored  or  moored  in  or  near  the  channel  or  fair- 
way of  any  bay,  harbor,  or  river,  and  not  in  any  port, 
shall  sound  a  fog-horn,  or  equivalent  signal,  which  shall 
make  a  sound  equal  to  a  steam-whistle,  at  intervals  of 
not  more  than  two  minutes. 

STEERING  AND  SAILING  RULES. 

r.  s.,  4233.  Rule  sixteen.  Risk  of  collision  can,  when  circumstances 

sec.  12!  '  permit,  be  ascertained  by  carefully  watching  the  com- 
pass bearing  of  an  approaching  vessel.  If  the  bearing 
does  not  appreciably  change  such  risk  should  be  deemed 
to  exist. 
r.  s..  4233.  __  Rule  seventeen.  When  two  sailing  vessels  are  approach - 
Iecr'i2. lb9'*  ing  one  another,  so  as  to  involve  risk  of  collision,  one  of 
them  shall  keep  out  of  the  way  of  the  other,  as  follows, 
namely : 

(a)  A  vessel  which  is  running  free  shall  keep  out  of 
the  way  of  a  vessel  which  is  close-hauled. 

(b)  A  vessel  which  is  close-hauled  on  the  port  tack 
shall  keep  out  of  the  way  of  a  vessel  which  is  close-hauled 
on  the  starboard  tack. 

(c)  When  both  are  running  free,  with  the  wind  on 
different  sides,  the  vessel  which  has  the  wind  on  the  port 
side  shall  keep  out  of  the  way  of  the  other. 

(d)  When  both  vessels  are  running  free,  with  the 
wind  on  the  same  side,  the  vessel  which  is  to  the  wind- 
ward shall  keep  out  of  the  way  of  the  vessel  which  is  to 
the  leeward. 

(e)  A  vessel  which  has  the  wind  aft  shall  keep  out  of 
the  way  of  the  other  vessel. 

Rule  eighteen.  If  two  vessels  under  steam  are  meeting 
end  on,  or  nearly  end  on,  so  as  to  involve  risk  of  collision, 
the  helms  of  both  shall  be  put  to  port,  so  that  each  may 
pass  on  the  port  side  of  the  other. 

Rule  nineteen.  If  two  vessels  under  steam  are  crossing 
so  as  to  involve  risk  of  collision,  the  vessel  which  has  the 
other  on  her  own  starboard  side  shall  keep  out  of  the 
way  of  the  other. 

Rule  twenty.  If  two  vessels,  one  of  which  is  a  sail- 
vessel  and  the  other  a  steam-vessel,  are  proceeding  in 
such  directions  as  to  involve  risk  of  collision,  the  steam- 
vessel  shall  keep  out  of  the  way  of  the  sail-vessel. 

Rule  twenty-one.  Every  steam-vessel,  when  approach- 
ing another  vessel,  so  as  to  involve  risk  of  collision,  shall 
slacken  her  speed,  or,  if  necessary,  stop  and  reverse;  and 
every  steam-vessel  shall,  when  in  a  fog,  go  at  a  moderate 
speed. 

Rule  twenty-two.  Every  vessel  overtaking  any  other 
vessel  shall  keep  out  of  the  way  of  the  last-mentioned 
vessel. 


PART   XXXIV. RULES   TO    PREVENT   COLLISIONS. 


395 


Rule  twenty-three.  Where,  by  Rules  seventeen,  nine-  ru£*;stern  EiTer 
teen,  twenty,  and  twenty-two,  one  of  two  vessels  shall 
keep  out  of  the  way,  the  other  shall  keep  her  course,  sub- 
ject to  the  qualifications  of  Rule  twenty-four. 

Rule  twenty-four.  In  construing  and  obeying  these 
rules,  due  regard  must  be  had  to  all  dangers  of  naviga- 
tion, and  to  any  special  circumstances  which  may  exist  in 
any  particular  case  rendering  a  departure  from  them  nec- 
essary in  order  to  avoid  immediate  danger. 

Rule  twentv-five.  A  sail  vessel  which  is  being  over-  r.  s.,4233. 
taken  by  another  vessel  during  the  night  shall  show  from  Mar.  3,  1897. 
her  stern  to  such  last-mentioned  vessel  a  torch  or  a  flare-  Sec- 13- 
up  light. 

Rule  twenty-six.  Nothing  in  these  rules  shall  exonerate 
any  ship,  or  the  owner,  or  master,  or  crew  thereof,  from 
the  consequences  of  any  neglect  to  carry  lights  or  signals, 
or  of  any  neglect  to  keep  a  proper  lookout,  or  of  the 
neglect  of  any  precaution  which  may  be  required  by  the 
ordinary  practice  of  seamen  or  by  the  special  circum- 
stances of  the  case.* 

[The  board  of  supervising  inspectors  shall  establish  R-  s-  **3J-  0 
such  regulations  to  be  observed  by  all  steam-vessels  in  p^f.'s,  isos. 
passing  each  other,  as  they  shall  from  time  to  time  deem  Jun'e  £  1897. 
necessary  for  safety ;  two  printed  copies  of  such  regula-  sec.  5. 
tions,  signed  by  them,  shall  be  furnished  to  each  of  such 
vessels,  and  shall  at  all  times  be  kept  posted  urj  in  con- 
spicuous places  in  such  vessels.] 

[Every  pilot,  engineer,  mate,  or  master  of  any  steam-  r.  s.,  4413. 
vessel  who  neglects  or  willfully  refuses  to  observe  the  ^une  7>  1S07 
regulations  established  in  pursuance  of  the  preceding  sec-  Sec-  ■ 
tion.  shall  be  liable  to  a  penalty  of  fifty  dollars,  and  for 
all  damages  sustained  by  any  passenger,  in  his  person  or 
baggage,  by  such  neglect  or  refusal.] 
375.  River  navigation. 

On  any  steamers  navigating  rivers  only,  when,  from  K-  s- 4487- 
darkness,  fog,  or  other  cause,  the  pilot  or  watch  shall  be 
of  opinion  that  the  navigation  is  unsafe,  or,  from  accident 
to  or  derangement  of  the  machinery  of  the  boat,  the  chief 
engineer  shall  be  of  the  opinion  that  the  further  naviga- 
tion of  the  vessel  is  unsafe,  the  vessel  shall  be  brought  to 
anchor,  or  moored  as  soon  as  it  can  prudently  be  done: 
Provided,  That  if  the  person  in  command  shall,  after  be- 
ing so  admonished  by  either  of  such  officers,  elect  to  pur- 
sue such  voyage,  he  may  do  the  same;  but  in  such  case 
both  he  and  the  owners  of  such  steamer  shall  be  answer- 
able for  all  damages  which  shall  arise  to  the  person  of  any 
passenger,  or  his  baggage,  from  such  causes  in  so  pursu- 
ing the  voyage,  and  no  degree  of  care  or  diligence  shall  in 
such  case  be  held  to  justify  or  excuse  the  person  in  com- 
mand, or  the  owners. 


Mar.  6 
Sec.  2. 


396  NAVIGATION    LAWS   OF   THE   UNITED   STATES. 

Mar.  6,  1896.    nma    _    ,        .       ..«.,»  ,,. 

Apr.  26,  1906.  376,  Rules  for  tne  st-  Marys  River. 

The  Secretary  of  Commerce  is  authorized  and  directed 
to  adopt  and  prescribe  suitable  rules  and  regulations  gov- 
erning the  movements  and  anchorage  of  vessels  and  rafts 
in   Saint  Marys  River   from  Point  Iroquois,   on   Lake 
Superior,  to  Point  Detour,  on  Lake  Huron,  and  for  the 
purpose  of  enforcing  the  observance  of  such  regulations 
the  Secretary  of  the  Treasury  is  hereby  authorized  to 
detail  one  or  more  Coast  Guard  cutters  for  duty  upon 
the  request  of  the  Secretary  of  Commerce  on  said  river. 
All  officers  of  the  Coast  Guard  who  are  directed  to  en- 
force the  regulations  prescribed  by  the  above  rules  are 
hereby  empowered  and  directed,  in  case  of  necessity,  or 
when  a  proper  notice  has  been  disregarded,  to  use  the 
force  at  their  command  to  remove  from  channels  or  stop 
any  vessel  found  violating  the  prescribed  rules. 
Mar.  6,  1896.       jn  ^q  event  of  the  violation  of  any  such  regulations 
Apr.  26,  1906.  or  rules  of  the  Secretary  of  Commerce  by  the  owners, 
sec.  2.  '  master,  or  person  in  charge  of  such  vessel,  such  owners, 

masters,  or  person  in  charge  shall  be  liable  to  a  penalty 
not  exceeding  two  hundred  dollars:  Provided,  That  the 
Secretary  of  Commerce  may  remit  said  fine  on  such  terms 
as  he  may  prescribe :  Provided  also,  That  nothing  in  this 
Act  shall  be  construed  to  amend  or  repeal  the  Act  enti- 
tled "An  Act  to  regulate  navigation  on  the  Great  Lakes 
and  their  connecting  and  tributary  waters  as  far  east  as 
Montreal,"  approved  February  eighth,  eighteen  hundred 
and  ninety-five. 

377.  Regattas  and  marine  parades. 
Apr.  28. 1908.  The  Secretary  of  Commerce  is  hereby  authorized  and 
empowered  in  his  discretion  to  issue  from  time  to  time 
regulations,  not  contrary  to  law,  to  promote  the  safety  of 
life  on  navigable  waters  during  regattas  or  marine  pa- 
rades. 
sec.  2.  To  enforce  such  regulations  the  Secretary  of  Commerce 

may  detail  any  public  vessel  in  the  service  of  that  Depart- 
ment and  make  use  of  any  private  vessel  tendered  gratui- 
tously for  the  purpose,  or  upon  the  request  of  the  Secre- 
tary of  Commerce  the  head  of  any  other  Department  may 
enforce  the  regulations  issued  under  this  Act  by  means 
of  any  public  vessel  of  such  Department  and  of  any  pri- 
vate vessel  tendered  gratuitously  for  the  purpose. 
Rec- 3  The  authority  and  power  bestowed  upon  the  Secretary 

of  Commerce  by  sections  one  and  two  may  be  transferred 
for  any  special  occasion  to  the  head  of  another  Depart- 
ment by  the  President  whenever  in  his  judgment  such 
transfer  is  desirable. 


PART  XXXIV. RULES   TO   PREVENT  COLLISIONS.  397 

For  any  violation  of  regulations  issued  pursuant  to  this  8cc- 4- 
Act  the  following  penalties  shall  be  incurred :% 

(a)  A  licensed  officer  shall  be  liable  to  suspension  or 
revocation  of  license  in  the  manner  now  prescribed  by 
law  for  incompetency  or  misconduct. 

(b)  Any  person  in  charge  of  the  navigation  of  a  vessel 
other  than  a  licensed  officer  shall  be  liable  to  a  penalty 
of  five  hundred  dollars. 

(c)  The  owner  of  a  vessel  (including  any  corporate 
officer  of  a  corporation  owning  the  vessel)  actually  on 
board  shall  be  liable  to  a  penalty  of  five  hundred  dollars, 
unless  the  violation  of  regulations  shall  have  occurred 
without  his  knowledge. 

(d)  Any  other  person  shall  be  liable  to  a  penalty  of 
two  hundred  and  fifty  dollars. 

The  Secretary  of  Commerce  is  hereby  authorized  and 
empowered  to  mitigate  or  remit  any  penalty  herein  pro- 
vided for  in  the  manner  prescribed  by  law  for  the  miti- 
gation or  remission  of  penalties  for  violation  of  the 
navigation  laws. 


Part  XXXV.— AIDS  TO  NAVIGATION. 


378.  Assistance  by  United  States  ves- 

sels. 

379.  Removal  of  derelicts. 

380.  Lights  and  buoys. 

381.  Nautical  Almanac. 

382.  Charts  and  manuals. 


383.  Storm  and  weather  signals. 

384.  Private  signals. 

385.  Interference  with  range  lights. 

386.  Exemption  from  tolls. 

387.  Anchorage  grounds. 


2759. 


It.  S.,  1536. 


Oct.  31,  1803. 


378.  Assistance  by  United  States  vessels. 

The  Coast  Guard  cutters  on  the  northern  and  north- 
western lakes,  when  put  in  commission,  shall  be  specially 
charged  with  aiding  vessels  in  distress  on  the  lakes. 

The  President  may,  when  the  necessities  of  the  service 
permit  it,  cause  any  suitable  number  of  public  vessels 
adapted  to  the  purpose  to  cruise  upon  the  coast  in  the  sea- 
son of  severe  weather  and  to  afford  such  aid  to  distressed 
navigators  as  their  circumstances  may  require;  and  such 
public  vessels  shall  go  to  sea  fully  prepared  to  render 
such  assistance. 

379.  Removal  of  derelicts. 

The  President  of  the  United  States  is  hereby  author- 
ized to  make  with  the  several  governments  interested  in 
the  navigation  of  the  North  Atlantic  Ocean  an  interna- 
tional agreement  providing  for  the  reporting,  marking, 
and  removal  of  dangerous  wrecks,  derelicts,  and  other 
menaces  to  navigation  in  the  North  Atlantic  Ocean  out- 
side the  coast  waters  of  the  respective  countries  bordering 
thereon. 
Mar.  3,  1905.  The  President  in  his  discretion  may  temporarily  detail 
any  vessel  or  vessels  of  the  Navy  to  remove  or  destroy 
derelicts  in  the  course  of  vessels  at  sea.  The  regulations 
to  govern  the  detail  and  service  of  said  vessels  shall  be 
prescribed  by  the  Secretary  of  the  Navy  and  approved  by 
the  President. 

The  Secretary  of  the  Treasury  is  hereby  authorized  to 
have  constructed,  at  a  cost  not  to  exceed  two  hundred 
and  fifty  thousand  dollars,  a  steam  vessel  specially  fitted 
for  and  adapted  to  service  at  sea  in  bad  weather,  for  the 
purpose  of  blowing  up  or  otherwise  destroying  or  towing 
into  port  wrecks,  derelicts,  and  other  floating  dangers  to 
navigation,  said  vessel  to  be  operated  and  maintained  by 
the  Coast  Guard  under  such  regulations  as  the  Secretary 
of  the  Treasury  may  prescribe. 
398 


May  12,  1906. 


PART   XXXV. AIDS    TO    NAVIGATION.  399 


380.  Lights  and  buoys. 


6. 

1010. 


The  Commissioner  of  Light-Houses  may,  when  he  R^,4£7 
deems  it  necessary,  place  a  light-vessel,  or  other  suitable  sec.  6. 
warning  of  danger,  on  or  over  any  wreck  or  temporary 
obstruction  to  the  entrance  of  any  harbor,  or  in  the  chan- 
nel or  fairwav  of  any  bay  or  sound. 

The   Commissioner   of   Light-Houses   shall   properly  f^sSIhio. 
mark  all  pier-heads  belonging  to  the  United  States  sit-  sec.  6. 
uated  on  the  northern  and  northwestern  lakes,  whenever 
he  is  duly  notified  by  the  department  charged  with  the 
construction  or  repair  of  pier-heads  that  the  construction 
or  repair  of  any  such  pier-heads  has  been  completed. 

All  buoys  along  the  coast,  or  in  bays,  harbors,  sounds,  &•  s.,  4678. 
or  channels,  shall  be  colored  and  numbered,  so  that  pass- 
ing up  the  coast  or  sound,  or  entering  the  bay,  harbor,  or 
channel,  red  buoys  with  even  numbers  shall  be  passed  on 
the  starboard  hand,  black  buoys  with  uneven  numbers  on 
the  port  hand,  and  buoys  with  red  and  black  stripes  on 
either  hand.  Buoys  in  channel-ways  shall  be  colored 
with  alternate  white  and  black  perpendicular  stripes. 

381.  Nautical  Almanac. 

Hereafter  the  "  usual  number  "  of  copies  of  the  Amer-  May  13,  1902. 
ican  Ephemeris  and  Nautical  Almanac  shall  not  be 
printed.  In  lieu  thereof  there  shall  be  printed  and  bound 
one  thousand  one  hundred  copies  of  the  same,  uniform 
with  the  editions  printed  for  the  Navy  Department,  as 
provided  in  section  seventy-three,  paragraph  five,  of  an 
Act  approved  January  twelfth,  eighteen  hundred  and 
ninety-five,  providing  for  the  public  printing,  binding, 
and  distribution  of  public  documents ;  one  hundred  copies 
for  the  Senate,  four  hundred  for  the  House,  and  six  hun- 
dred for  the  Superintendent  of  Documents  for  distribu- 
tion to  State  and  Territorial  libraries  and  designated 
depositories. 

382.  Charts  and  manuals. 

There  shall  be  a  Hydrographic  office  attached  to  the  R-s- 431- 
Bureau  of  Navigation  in  the  Navy  Department,  for  the 
improvement  of  the  means  for  navigating  safely  the  ves- 
sels of  the  Navy  and  of  the  mercantile  marine,  by  provid- 
ing, under  the  authority  of  the  Secretary  of  the  Navy, 
accurate  and  cheap  nautical  charts,  sailing  directions, 
navigators,  and  manuals  of  instructions  for  the  use  of  all 
vessels  of  the  United  States,  and  for  the  benefit  and  use  of 
navigators  generally. 

The  Secretary  of  the  Navy  is  authorized  to  cause  to  be  R-  s-  432° 
prepared,  at  the  Hydrographic  Office  attached  to  the  Bu- 
reau of  Navigation  in  the  Navy  Department,  maps,  charts, 
and  nautical  books  relating  to  and  required  in  navigation, 
and  to  publish  and  furnish  them  to  navigators  at  the  cost 
of  printing  and  paper,  and  to  purchase  the  plates  and 
copyrights  of  such  existing  maps,  charts,  navigators,  sail- 


June  20,  1878 


400  NAVIGATION    LAWS    OF    THE    UNITED   STATES. 

ing  directions  and  instructions,  as  he  may  consider  neces- 
sary, and  when  he  may  consider  it  expedient  to  do  so,  and 
under    such    regulations    and    instructions    as    he    may 
prescribe. 
469i.  The  charts  published  by  the  Coast  Survey  shall  be  sold 

20, 1878.  at  tjie  of£ce  at  washington  at  the  price  of  the  printing 
and  paper  thereof,  and  elsewhere  at  the  same  price  with 
the  average  cost  of  delivery  added  thereto ;  and  hereafter 
there  shall  be  no  free  distribution  of  such  charts  except  to 
the  departments  of  the  United  States  and  to  the  several 
States  and  officers  of  the  United  States  requiring  them  for 
public  use. 
Mar.  3,  1879.  Senators,  Representatives  and  Delegates  to  the  House 
of  Representatives  shall  each  be  entitled  to  not  more  than 
ten  charts  published  by  the  Coast  Survey  for  each  regular 
session  of  Congress. 

383.  Storm  and  weather  signals. 

Oct.  i,  1890.  The  Chief  of  the  Weather  Bureau,  under  the  direction 
of  the  Secretary  of  Agriculture,  on  and  after  July  first, 
eighteen  hundred  and  ninety-one,  shall  have  charge  of  the 
forecasting  of  weather,  the  issue  of  storm  warnings,  the 
display  of  weather  and  flood  signals  for  the  benefit  of 
agriculture,  commerce,  and  navigation,  the  gauging  and 
reporting  of  rivers,  the  maintenance  and  operation  of  sea- 
coast  telegraph  lines  and  the  collection  and  transmission 
of  marine  intelligence  for  the  benefit  of  commerce  and 
navigation,  the  reporting  of  temperature  and  rain-fall 
conditions  for  the  cotton  interests,  the  display  of  frost 
and  cold-wave  signals,  the  distribution  of  meteorological 
information  in  the  interests  of  agriculture  and  commerce, 
and  the  taking  of  such  meteorological  observations  as  may 
be  necessary  to  establish  and  record  the  climatic  condi- 
tions of  the  United  States,  or  as  are  essential  for  the 
proper  execution  of  the  foregoing  duties. 

384.  Private  signals. 

secy728, 19°8'  -^  a  shipowner  desires  to  use  for  the  purpose  of  a  pri- 
vate code  any  rockets,  lights,  or  other  similar  signals,  he 
may  register  those  signals  and  house  flags  and  funnel 
marks  with  the  Commissioner  of  Navigation,  who  shall 
give  public  notice  from  time  to  time  of  the  signals,  house 
flags,  and  funnel  marks  so  registered  in  such  manner  as 
he  may  think  requisite  for  preventing  those  signals  from 
being  mistaken  for  signals  of  distress  or  signals  for  pilots. 
The  Commissioner  of  Navigation  may  refuse  to  register 
any  signals  which  in  his  opinion  can  not  easily  be  distin- 
guished from  signals  of  distress,  signals  for  pilots,  or  sig- 
nals prescribed  by  laws  for  preventing  collisions. 


TART    XXXV. AIDS    TO    NAVIGATION.  401 

385.  Interference  with  range  lights. 

It  shall  be  unlawful  for  any  person  to  obstruct  or  inter-  |^y614,  1908- 
fere  with  any  aid  to  navigation  established  or  maintained  June  17,  1910. 
in  the  Light-House  Service  under  the  Bureau  of  Light- 
Houses,  or  to  anchor  any  vessel  in  any  of  the  navigable 
waters  of  the  United  States  so  as  to  obstruct  or  interfere 
w  ith  range  lights  maintained  therein,  and  any  person 
violating  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor  and  be  subject  to  a  fine  not  ex- 
ceeding the  sum  of  five  hundred  dollars  for  each  offense, 
and  each  day  during  which  such  violation  shall  continue 
shall  be  considered  as  a  new  offense. 

Hereafter  the  penalties  provided  in  section  six  of  the  j^g3,  1915- 
Act  of  May  fourteenth,  nineteen  hundred  and  eight 
(Thirty-fifth  Statutes,  page  one  hundred  and  sixty-two), 
for  obstruction  to  or  interference  with  any  aid  to  naviga- 
tion maintained  by  the  Lighthouse  Service  shall  apply 
with  equal  force  and  effect  to  any  private  aid  to  naviga- 
tion lawfully  maintained  under  the  authority  granted  the 
Secretary  of  Commerce  and  the  Commissioner  of  Light- 
houses by  section  six  of  the  Act  of  June  twentieth,  nine- 
teen hundred  and  six  (Thirty-fourth  Statutes,  page  three 
hundred  and  twenty-four). 

386.  Exemption  from  tolls. 

No  tolls  or  operating  charges  whatever  shall  be  levied  gUcV45'  1884' 
upon  or  collected  from  any  vessel,  dredge,  or  other  water  Mar.  3,  1909. 
craft  for  passing  through  any  lock,  canal,  canalized  river,  Sec"  ' 
or  other  work  for  the  use  and  benefit  of  navigation,  now 
belonging  to  the  United  States  or  that  may  be  hereafter 
acquired  or  constructed;  and  for  the  purpose  of  preserv- 
ing and  continuing  the  use  and  navigation  of  said  canals 
and  other  public  works  without  interruption,  the  Secre- 
tary of  War,  upon  the  recommendation  of  the  Chief  of 
Engineers,  LTnited  States  Army,  is  hereby  authorized  to 
draw  his  warrant  or  requisition,  from  time  to  time,  upon 
the  Secretary  of  the  Treasury  to  pay  the  actual  expenses 
of  operating,  maintaining,  and  keeping  said  works  in 
repair,  which  warrants  or  requisitions  shall  be  paid  by 
the  Secretary  of  the  Treasury  out  of  any  money  in  the 
Treasury  not  otherwise  appropriated:  Provided,  That 
whenever,  in  the  judgment  of  the  Secretary  of  War, 
the  condition  of  any  of  the  aforesaid  works  is  such  that 
its  entire  reconstruction  is  absolutely  essential  to  its  effi- 
cient and  economical  maintenance  and  operation  as  herein 
provided  for,'the  reconstruction  thereof  may  include  such 
modifications  in  plan  and  location  as  may  be  necessary  to 
provide  adequate  facilities  for  existing  navigation :  Pro- 
vided further,  That  the  modifications  are  necessary  to 
make  the  reconstructed  work  conform  to  similar  works 
previously  authorized  by  Congress  and  forming  a  part 
of  the  same  improvement,  and  that  such  modifications 

143562°— 19 26 


402  NAVIGATION    LAWS   OF    THE    UNITED   STATES. 

shall  be  considered  and  approved  by  the  Board  of  Engi- 
neers for  Rivers  and  Harbors  and  be  recommended  by  the 
Chief  of  Engineers  before  the  work  of  reconstruction  is 
commenced:  Provided  further,  also,  That  an  itemized 
statement  of  said  expenses  shall  accompany  the  annual 
report  of  the  Chief  of  Engineers:  And  provided  further, 
That  nothing  herein  contained  shall  be  held  to  apply  to 
the  Panama.  Canal. 
387.  Anchorage  grounds. 
Mar.  4.  1915.  The  Secretary  of  War  is  hereby  authorized,  empowered, 
sec.  7.  anj  directed  to  define  and  establish  anchorage  grounds 

for  vessels  in  all  harbors,  rivers,  bays,  and  other  navi- 
gable waters  of  the  United  States  whenever  it  is  manifest 
to  the  said  Secretary  that  the  maritime  or  commercial 
interests  of  the  United  States  require  such  anchorage 
grounds  for  safe  navigation  and  the  establishment  of  such 
anchorage  grounds  shall  have  been  recommended  by  the 
Chief  of  Engineers,  and  to  adopt  suitable  rules  and  regu- 
lations in  relation  thereto;  and  such  rules  and  regulations 
shall  be  enforced  by  the  Coast  Guard  under  the  direction 
of  the  Secretary  of  the  Treasury:  Provided,  That  at 
ports  or  places  where  there  is  no  Coast  Guard  cutter  avail- 
able such  rules  and  regulations  may  be  enforced  by  the 
Chief  of  Engineers  under  the  direction  of  the  Secretary 
of  War.  In  the  event  of  the  violation  of  any  such  rules 
and  regulations  by  the  owner,  master,  or  person  in  charge 
of  any  vessel,  such  owner,  master,  or  person  in  charge  of 
such  vessel  shall  be  liable  to  a  penalty  of  $100;  and  the 
said  vessel  may  be  holden  for  the  payment  of  such  pen- 
alty, and  may  be  seized  and  proceeded  against  summarily 
by  libel  for  the  recovery  of  the  same  in  any  United  States 
district  court  for  the  district  within  which  such  vessel 
may  be  and  in  the  name  of  the  officer  designated  by  the 
Secretary  of  War. 
June  30,  1914.  The  Secretary  of  the  Navy  is  hereby  authorized  and 
empowered  to  define  and  establish  suitable  anchorage 
grounds  in  Hampton  Roads,  Virginia,  and  the  adjacent 
waters  for  the  combined  fleets  of  the  United  States  and 
foreign  Governments  which  may  rendezvous  there  prior 
to  proceeding  to  the  Panama-Pacific  International  Expo- 
sition, to  be  held  at  the  city  and  county  of  San  Francisco, 
California,  in  the  year  nineteen  hundred  and  fifteen,  as 
well  as  to  define  and  establish  suitable  anchorage  grounds 
in  the  Bay  of  San  Francisco  and  the  approaches  and 
waters  adjacent  thereto  during  the  continuance  of  the 
said  Panama-Pacific  International  Exposition,  and  the 
Secretary  of  the  Navy  is  hereby  further  authorized  to 
make  such  rules  and  regulations  regarding  the  movements 
of  all  vessels  in  all  of  the  waters  named  as  may  be  neces- 
sary in  order  to  insure  the  proper  and  orderly  conduct  of 
such  features  as  may  be  planned  for  the  combined  fleets 
and  to  provide  for  the  safety  of  the  vessels  participating 
therein;  and  such  rules  and  regulations  when  so  issued 
and  published  shall  have  the  force  and  effect  of  law. 


Part  XXXYL— OBSTKUCTIONS  TO  NAVIGATION. 


397.  Penalties. 

398.  Bridge  spans. 

399.  Bridge  piers  and  abutments. 

400.  Drawbridges. 

401.  Sunken  wrecks. 

402.  Speed  of  vessels;   navigation  of 

canals. 

403.  Potomac  River. 

404.  Mississippi  River  passes. 


388.  Improvements  by  private  or  nm 

nicipal  corporations. 

389.  Bridges,  dams,  and  dikes. 

390.  General  obstructions. 

391.  Harbor  lines. 

392.  Penalties. 

393.  Dumping  into  navigable  waters. 

394.  Impairing  public  works. 

395.  Obstructing  channels. 

396.  Log  regulations. 

388.  Improvements  by  private  or  municipal  corporations. 

Any  person  or  persons,  corporations,  municipal  or  pri-  June  13, 1902. 
rate,  who  desire  to  improve  any  navigable  river,  or  any 
part  thereof,  at  their  or  its  own  expense  and  risk  may 
do  so  upon  the  approval  of  the  plans  and  specifications  of 
said  proposed  improvement  by  the  Secretary  of  War  and 
Chief  of  Engineers  of  the  Army.  The  plan  of  said  im- 
provement must  conform  with  the  general  plan  of  the 
Government  improvements,  must  not  impede  navigation, 
and  no  toll  shall  be  imposed  on  account  thereof,  and  said 
improvement  shall  at  all  times  be  under  the  control  and 
supervision  of  the  Secretary  of  War  and  Chief  of  Engi- 
neers. 

389.  Bridges,  dams,  and  dikes. 

When,  hereafter,  authority  is  granted  by  Congress  to  Mar.  23, 1906. 
any  persons  to  construct  and  maintain  a  bridge  across  or 
over  any  of  the  navigable  waters  of  the  United  States, 
such  bridge  shall  not  be  built  or  commenced  until  the 
plans  and  specifications  for  its  construction,  together 
with  such  drawings  of  the  proposed  construction  and  such 
map  of  the  proposed  location  as  may  be  required  for  a 
full  understanding  of  the  subject,  have  been  submitted 
to  the  Secretary  of  War  and  Chief  of  Engineers  for  their 
approval,  nor  until  they  shall  have  approved  such  plans 
and  specifications  and  the  location  of  such  bridge  and 
accessory  wTorks;  and  when  the  plans  for  any  bridge  to 
be  constructed  under  the  provisions  of  this  Act  have  been 
approved  by  the  Chief  of  Engineers  and  by  the  Secretary 
of  War  it  shall  not  be  lawful  to  deviate  from  such  plans, 
either  before  or  after  completion  of  the  structure,  unless 
the  modification  of  such  plans  has  previously  been  sub- 
mitted to  and  received  the  approval  of  the  Chief  of  Engi- 
neers and  of  the  Secretary  of  War. 

403 


404  NAVIGATION   LAWS   OP   THE   UNITED   STATES. 

Sec-4-  No  bridge  erected  or  maintained  under  the  provisions 

of  this  Act  shall  at  any  time  unreasonably  obstruct  the 
free  navigation  of  the  waters  over  which  it  is  constructed, 
and  if  any  bridge  erected  in  accordance  with  the  provi- 
sions of  this  Act  shall,  in  the  opinion  of  the  Secretary  of 
War,  at  any  time  unreasonably  obstruct  such  navigation, 
either  on  account  of  insufficient  height,  width  of  span, 
or  otherwise,  or  if  there  be  difficulty  in  passing  the  draw 
opening  or  the  draw  span  of  such  bridge  by  rafts,  steam- 
boats, or  other  water  craft,  it  shall  be  the  duty  of  the 
Secretary  of  War,  after  giving  the  parties  interested  rea- 
sonable opportunity  to  be  heard,  to  notify  the  persons 
owning  or  controlling  such  bridge  to  so  alter  the  same  as 
to  render  navigation  through  or  under  it  reasonably  free, 
easy,  and  unobstructed,  stating  in  such  notice  the  changes 
required  to  be  made,  and  prescribing  in  each  case  a  rea- 
sonable time  in  which  to  make  such  changes,  and  if  at 
the  end  of  the  time  so  specified  the  changes  so  required 
have  not  been  made,  the  persons  owning  or  controlling 
such  bridge  shall  be  deemed  guilty  of  a  violation  of  this 
Act;  and  all  such  alterations  shall  be  made  and  all  such 
obstructions  shall  be  removed  at  the  expense  of  the  per- 
sons owning  or  operating  said  bridge.  The  persons  own- 
ing or  operating  any  such  bridge  shall  maintain,  at  their 
own  expense,  such  lights  and  other  signals  thereon  as 
the  Secretary  of  Commerce  shall  prescribe.  If  the  bridge 
shall  be  constructed  with  a  draw,  then  the  draw  shall  be 
opened  promptly  by  the  persons  owning  or  operating 
such  bridge  upon  reasonable  signal  for  the  passage  of 
boats  and  other  water  craft.  If  tolls  shall  be  charged  for 
the  transit  over  any  bridge  constructed  under  the  provi- 
sions of  this  Act,  of  engines,  cars,  street  cars,  wagons, 
carriages,  vehicles,  animals,  foot  passengers,  or  other  pas- 
sengers, such  tolls  shall  be  reasonable  and  just,  and  the 
Secretary  of  War  may,  at  any  time,  and  from  time  to 
time,  prescribe  the  reasonable  rates  of  toll  for  such  transit 
over  such  bridge,  and  the  rates  so  prescribed  shall  be  the 
legal  rates  and  shall  be  the  rates  demanded  and  received 
for  such  transit. 

Sec-5-  Any  persons  who  shall  fail  or  refuse  to  comply  with 

the  lawful  order  of  the  Secretary  of  War  or  the  Chief  of 
Engineers,  made  in  accordance  with  the  provisions  of 
this  Act,  shall  be  deemed  guilty  of  a  violation  of  this 
Act,  and  any  persons  who  shall  be  guilty  of  a  violation  of 
this  Act  shall  be  deemed  guilty  of  a  misdemeanor  and  on 
conviction  thereof  shall  be  punished  in  any  court  of  com- 
petent jurisdiction  by  a  fine  not  exceeding  five  thousand 
dollars,  and  every  month  such  persons  shall  remain  in 
default  shall  be  deemed  a  new  offense  and  subject  such 
persons  to  additional  penalties  therefor;  and  in  addition 
to  the  penalties  above  described  the  Secretary  of  War 
and  the  Chief  of  Engineers  may,  upon  refusal  of  the  per- 
sons owning  or  controlling  any  such  bridge  and  accessory 


PART    XXX VT. OBSTRUCTIONS   TO   NAVIGATION.  405 

works  to  comply  with  any  lawful  order  issued  by  the 
Secretary  of  War  or  Chief  of  Engineers  in  regard  thereto, 
cause  the  removal  of  such  bridge  and  accessory  works  at 
the  expense  of  the  persons  owning  or  controlling  such 
bridge,  and  suit  for  such  expense  may  be  brought  in  the 
name  of  the  United  States  against  such  persons,  and 
recovery  had  for  such  expense  in  any  court  of  competent 
jurisdiction;  and  the  removal  of  any  structures  erected 
or  maintained  in  violation  of  the  provisions  of  this  Act 
or  the  order  or  direction  of  the  Secretary  of  War  or  Chief 
of  Engineers  made  in  pursuance  thereof  may  be  enforced 
by  injunction,  mandamus,  or  other  summary  process, 
upon  application  to  the  district  court  in  the  district  in 
which  such  structure  may,  in  whole  or  in  part,  exist,  and 
proper  proceedings  to  this  end  may  be  instituted  under 
the  direction  of  the  Attorney-General  of  the  United 
States  at  the  request  of  the  Secretary  of  War;  and  in 
case  of  any  litigation  arising  from  any  obstruction  or 
alleged  obstruction  to  navigation  created  by  the  con- 
struction of  any  bridge  under  this  Act,  the  cause  or  ques- 
tion arising  may  be  tried  before  the  district  court  of  the 
United  States  in  any  district  which  any  portion  of  such 
obstruction  or  bridge  touches. 

When  authority  has  been  or  may  hereafter  be  granted  J"£|  |i,  1906. 
by  Congress,  either  directly  or  indirectly  or  by  any  official 
or  officials  of  the  United  States,  to  any  persons,  to  con- 
struct and  maintain  a  dam  for  water  power  or  other  pur- 
pose across  or  in  any  of  the  navigable  waters  of  the 
United  States,  such  dam  shall  not  be  built  or  commenced 
until  the  plans  and  specifications  for  such  dam  and  all 
accessory  works,  together  wTith  such  drawings  of  the  pro- 
posed construction  and  such  map  of  the  proposed  location 
as  may  be  required  for  a  full  understanding  of  the  sub- 
ject, have  been  submitted  to  the  Secretary  of  War  and 
the  Chief  of  Engineers  for  their  approval,  nor  until  they 
shall  have  approved  such  plans  and  specifications  and  the 
location  of  such  dam  and  accessory  works ;  and  when  the 
plans  and  specifications  for  any  dam  to  be  constructed 
under  the  provisions  of  this  Act  have  been  approved  by 
the  Chief  of  Engineers  and  by  the  Secretary  of  War  it 
shall  not  be  lawful  to  deviate  from  such  plans  or  specifi- 
cations either  before  or  after  completion  of  the  structure 
unless  the  modification  of  such  plans  or  specifications  has 
previously  been  submitted  to  and  received  the  approval 
of  the  Chief  of  Engineers  and  of  the  Secretary  of  War : 
Provided,  That  in  approving  the  plans,  specifications, 
and  location  for  any  dam,  such  conditions  and  stipula- 
tions may  be  imposed  as  the  Chief  of  Engineers  and  the 
Secretary  of  War  may  deem  necessary  to  protect  the  pres- 
ent and  future  interests  of  the  United  States,  which  may 
include  the  condition  that  the  persons  constructing  or 


40C>  NAVIGATION    LAWS   OF   THE   UNITED  STATES. 

maintaining  such  dam.  shall  construct,  maintain,  and 
operate,  without  expense  to  the  United  States,  in  connec- 
tion with  any  dam  and  accessory  or  appurtenant  works,  a 
lock  or  locks,  booms,  sluices,  or  any  other  structure  or 
structures  which  the  Secretary  of  War  and  the  Chief  of 
Engineers  or  Congress  at  any  time  may  deem  necessary 
in  the  interests  of  navigation,  in  accordance  with  such 
plans  as  they  may  approve,  and  also  that  whenever  Con- 
gress shall  authorize  the  construction  of  a  lock  or  other 
structures  for  navigation  purposes  in  connection  with  such 
dam,  the  persons  owning  such  dam  shall  convey  to  the 
United  States,  free  of  cost,  title  to  such  land  as  may  be 
required  for  such  constructions  and  approaches,  and  shall 
grant  to  the  United  States  free  water  power  or  power 
generated  from  water  power  for  building  and  operating 
such  constructions:  Provided  further,  That  in  acting 
upon  said  plans  as  aforesaid  the  Chief  of  Engineers  and 
the  Secretary  of  War  shall  consider  the  bearing  of  said 
structure  upon  a  comprehensive  plan  for  the  improve- 
ment of  the  waterway  over  which  it  is  to  be  constructed 
with  a  view  to  the  promotion  of  its  navigable  quality  and 
for  the  full  development  of  water  power;  and,  as  a  part 
of  the  conditions  and  stipulations  imposed  by  them,  shall 
provide  for  improving  and  developing  navigation,  and 
fix  such  charge  or  charges  for  the  privilege  granted  as 
may  be  sufficient  to  restore  conditions  with  respect  to 
navigability  as  existing  at  the  time  such  privilege  be 
granted  or  reimburse  the  United  States  for  doing  the 
same,  and  for  such  additional  or  further  expense  as  may 
be  incurred  by  the  United  States  with  reference  to  such 
project,  including  the  cost  of  any  investigations  neces- 
sary for  approval  of  plans  and  of  such  supervision  of 
construction  as  may  be  necessary  in  the  interests  of  the 
United  States :  Provided  further,  That  the  Chief  of  En- 
gineers and  the  Secretary  of  War  are  hereby  authorized 
and  directed  to  fix  and  collect  just  and  proper  charge  or 
charges  for  the  privilege  granted  to  all  dams  authorized 
and  constructed  under  the  provisions  of  this  Act  which 
shall  receive  any  direct  benefit  from  the  construction,  op- 
eration, and  maintenance  by  the  United  States  of  storage 
reservoirs  at  the  headwaters  of  any  navigable  streams,  or 
from  the  acquisition,  holding,  and  maintenance  of  any 
forested  watershed,  or  lands  located  by  the  United  States 
at  the  headwaters  of  any  navigable  stream,  wherever  such 
shall  be,  for  the  development,  improvement,  or  preserva- 
tion of  navigation  in  such  streams  in  which  such  dams 
may  be  constructed. 
Sec  o.  The  right  is  hereby  reserved  to  the  United  States  to 

construct,-  maintain,  and  operate,  in  connection  with  any 
dam  built  in  accordance  with  the  provisions  of  this  Act, 
a  suitable  lock  or  locks,  booms,   sluices,  or   any  other 


PART   XXXVI. OBSTRUCTIONS   TO    NAVIGATION.  407 

structures  for  navigation  purposes,  and  at  all  times  to 
control  the  said  dam  and  the  level  of  the  pool  caused  by 
said  dam  to  such  an  extent  as  may  be  necessary  t<>  provide 
proper  facilities  for  navigation. 

The  persons  constructing,  maintaining,  or  operating  Sec- 3- 
any  dam  or  appurtenant  or  accessory  works,  in  accord- 
ance with  the  provisions  of  this  Act,  shall  be  liable  for 
any  damage  that  may  be  inflicted  thereby  upon  private 
property,  either  by  overflow  or  otherwise.  The  persons 
owning*  or  operating  any  such  dam,  or  accessory  works, 
subject  to  the  provisions  of  this  Act,  shall  maintain,  at 
their  own  expense,  such  lights  and  other  signals  thereon 
and  such  fishways  as  the  Secretary  of  Commerce  shall 
prescribe,  and  for  failure  so  to  do  in  any  respect  shall 
be  deemed  guilty  of  a  misdemeanor  and  subject  to  a  fine 
of  not  less  than* five  hundred  dollars,  and  each  month  of 
such  failure  shall  constitute  a  separate  offense  and  sub- 
ject such  persons  to  additional  penalties  therefor. 

All  rights  acquired  under  this  Act  shall  cease  and  be  sec.  4, 
determined  if  the  person,  company,  or  corporation  ac- 
quiring such  rights  shall,  at  any  time,  fail,  after  receiving 
reasonable  notice  thereof,  to  comply  with  any  of  the  pro- 
visions and  requirements  of  the  Act,  or  with  any  of  the 
stipulations  and  conditions  that  may  be  prescribed  as 
aforesaid  by  the  Chief  of  Engineers  and  the  Secretary 
of  War,  including  the  payment  into  the  Treasury  of  the 
United  States  of  the  charges  provided  for  bv  section  one 
of  this  Act:  Provided,  That  Congress  may  revoke  any 
rights  conferred  in  pursuance  of  this  Act  whenever  it  is 
necessary  for  public  use,  and,  in  the  event  of  any  such 
revocation  by  Congress,  the  United  States  shall  pay  the 
owners  of  any  clam  and  appurtenant  works  built  under 
authority  of  this  Act,  as  full  compensation,  the  reasonable 
value  thereof,  exclusive  of  the  value  of  the  authority  or 
franchise  granted,  such  reasonable  value  to  be  determined 
by  mutual  agreement  between  the  Secretary  of  War  and 
the  said  owners,  and  in  case  they  can  not  agree,  then  by 
proceedings  instituted  in  the  United  States  circuit  court 
for  the  condemnation  of  such  properties:  And  provided 
also,  That  the  authority  granted  under  or  in  pursuance 
of  the  provisions  of  this  Act  shall  terminate  at  the  end 
of  a  period  not  to  exceed  fifty  years  from  the  date  of 
the  original  approval  of  the  propect  under  this  Act,  unless 
sooner  revoked  as  herein  provided  or  Congress  shall 
otherwise  direct:  Provided,  however,  That  this  limitation 
shall  not  apply  to  any  corporation  or  individual  hereto- 
fore authorized  by  the  United  States,  or  by  any  State, 
to  construct  a  dam  in  or  across  a  navigable  waterway, 
upon  which  dam  expenditures  of  money  have  heretofore 
been  made  in  reliance  upon  such  grant  or  grants. 


408  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

sec.  5.  Any  persons  who  shall  fail  or  refuse  to  comply  with 

the  lawful  order  of  the  Secretary  of  War  and  the  Chief 
of  Engineers,  made  in  accordance  with  the  provisions  of 
this  Act,  shall  be  deemed  guilty  of  a  violation  of  this 
Act,  and  any  persons  who  shall  be  guilty  of  a  violation  of 
this  Act  shall  be  deemed  guilty  of  a  misdemeanor  and 
on  conviction  thereof  shall  be  punished  by  a  fine  not  ex- 
ceeding five  thousand  dollars,  and  every  month  such  per- 
sons shall  remain  in  default  shall  be  deemed  a  new  olfense 
and  subject  such  persons  to  additional  penalties  therefor; 
and  in  addition  to  the  penalties  above  described  the  Sec- 
retary of  War  and  the  Chief  of  Engineers  may,  upon 
refusal  of  the  persons  owning  or  controlling  any  such 
dam  and  accessory  works  to  comply  with  any  lawful 
order  issued  by  the  Secretary  of  War  or  Chief  of  Engi- 
neers in  regard  thereto,  cause  the  removal  of  such  dam 
and  accessory  works  as  an  obstruction  to  navigation  at 
the  expense  of  the  persons  owning  or  controlling  such 
dam,  and  suit  for  such  expense  may  be  brought  in  the 
name  of  the  United  States  against  such  persons  and  re- 
covery had  for  such  expense  in  any  court  of  competent 
jurisdiction.  Said  provision  as  to  recovery  of  expense 
shall  not  apply  wherever  the  United  States  has  been  pre- 
viously reimbursed  for  such  removal ;  and  the  removal  of 
any  structures  erected  or  maintained  in  violation  of  the 
provisions  of  this  Act  or  the  order  or  direction  of  the 
Secretary  of  War  or  the  Chief  of  Engineers  made  in  pur- 
suance thereof  may  be  enforced  by  injunction,  manda- 
mus, or  other  summary  process,  upon  application  to  the 
circuit  court  in  the  district  in  which  such  structure  may, 
in  whole  or  in  part,  exist,  and  proper  proceedings  to  this 
end  may  be  instituted  under  the  direction  of  the  Attorney- 
General  of  the  United  States  at  the  request  of  the  Chief 
of  Engineers  or  the  Secretary  of  War;  and  in  case  of 
any  litigation  arising  from  any  obstruction  or  alleged 
obstruction  to  navigation  created  by  the  construction  of 
any  dam  under  this  Act  the  cause  or  question  arising 
may  be  tried  before  the  circuit  court  of  the  United  States 
in  any  district  in  which  any  portion  of  said  obstruction 
or  dam  touches. 
Mar.  a,  1899.  It  shall  not  be  lawf ul  to  construct  or  commence  the  con- 
Sec.  9.'  struction  of  any  bridge,  dam,  dike,  or  causeway  over  or 

in  any  port,  roadstead,  haven,  harbor,  canal,  navigable 
river,  or  other  navigable  water  of  the  United  States  until 
the  consent  of  Congress  to  the  building  of  such  structures 
shall  have  been  obtained  and  until  the  plans  for  the  same 
shall  have  been  submitted  to  and  approved  by  the  Chief 
of  Engineers  and  by  the  Secretary  of  War:  Provided, 
That  such  structures  may  be  built  under  authority  of  the 
legislature  of  a  State  across  rivers  and  other  waterways 
the  navigable  portions  of  which  lie  wholly  within  the 


PART   XXXVI. OBSTRUCTIONS   TO   NAVIGATION.  409 

limits  of  a  single  State,  provided  the  location  and  plans 
thereof  are  submitted  to  and  approved  by  the  Chief  of 
Engineers  and  by  the  Secretary  of  War  before  construc- 
tion is  commenced:  And  provided  further,  That  when 
plans  for  any  bridge  or  other  structure  have  been  ap- 
proved by  the  Chief  of  Engineers  and  by  the  Secretary 
of  War,  it  shall  not  be  lawful  to  deviate  from  such  plans 
either  before  or  after  completion  of  the  structure  unless 
the  modification  of  said  plans  has  previously  been  sub- 
mitted to  and  received  the  approval  of  the  Chief  of  Engi- 
neers and  of  the  Secretary  of  War. 

390.  General  obstructions. 

The  creation  of  any  obstruction  not  affirmatively  au-  Mar.  3,  1899. 
thorized  by  Congress,  to  the  navigable  capacity  of  any  of  Sec- 10- 
the  waters  of  the  United  States  is  hereby  prohibited: 
and  it  shall  not  be  lawful  to  build  or  commence  the  build- 
ing of  any  wharf,  pier,  dolphin,  boom,  weir,  breakwater, 
bulkhead,  jetty,  or  other  structures  in  any  port,  roadstead, 
haven,  harbor,  canal,  navigable  river,  or  other  water  of 
the  United  States,  outside  established  harbor  lines,  or 
where  no  harbor  lines  have  been  established,  except  on 
plans  recommended  by  the  Chief  of  Engineers  and  au- 
thorized by  the  Secretary  of  War;  and  it  shall  not  be 
lawful  to  excavate  or  fill,  or  in  any  manner  to  alter  or 
modify  the  course,  location,  condition,  or  capacity  of.  any 
port,  roadstead,  haven,  harbor,  canal,  lake,  harbor  of 
refuge,  or  inclosure  within  the  limits  of  any  breakwater, 
or  of  the  channel  of  any  navigable  water  of  the  United 
States,  unless  the  work  has  been  recommended  by  the 
Chief  of  Engineers  and  authorized  by  the  Secretary  of 
War  prior  to  beginning  the  same. 

391.  Harbor  lines. 

AVhere  it  is  made  manifest  to  the  Secretary  of  War  that  Mar.  3,  isos 
the  establishment  of  harbor  lines  is  essential  to  the  pres-  Sec-  n- 
ervation  and  protection  of  harbors  he  may,  and  is  hereby, 
authorized  to  cause  such  lines  to  be  established,  beyond 
which  no  piers,  wharves,  bulkheads,  or  other  works  shall 
be  extended  or  deposits  made,  except  under  such  regula- 
tions as  may  be  prescribed  from  time  to  time  by  him : 
Provided,  That  whenever  the  Secretary  of  War  grants  to 
any  person  or  persons  permission  to  extend  piers,  wharves, 
bulkheads,  or  other  works,  or  to  make  deposits  in  any 
tidal  harbor  or  river  of  the  United  States  beyond  any 
harbor  lines  established  under  authority  of  the  United 
States,  he  shall  cause  to  be  ascertained  the  amount  of  tide 
water  displaced  by  any  such  structure  or  by  any  such  de- 
posits, and  he  shall,  if  he  deem  it  necessary,  require  the 
parties  to  whom  the  permission  is  given  to  make  com- 
pensation for  such  displacement  either  by  excavating  in 
some  part  of  the  harbor,  including  tide-water  channels 
between  high  and  low  water  mark,  to  such  an  extent  as  to 


410  NAVIGATION    LAWS   OF    THE    UNITED   STATES. 

create  a  basin  for  as  much  tide  water  as  may  be  displaced 
by  such  structure  or  by  such  deposits,  or  in  any  other 
mode  that  may  be  satisfactory  to  him:  Provided,  That 
all  such  dredging  or  other  improvement  shall  be  carried 
on  under  the  direction  of  the  Secretary  of  War,  and  shall 
in  no  wise  injure  any  existing  channels. 

392.  Penalties. 

Mar.  3,  1899.  Every  person  and  every  corporation  that  shall  violate 
any  of  the  provisions  of  sections  nine,  ten,  and  eleven  of 
this  Act,  or  any  rule  or  regulation  made  by  the  Secretary 
of  War  in  pursuance  of  the  provisions  of  the  said  section 
fourteen,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  punished  by  a  fine  not 
exceeding  twenty-five  hundred  dollars  nor  less  than  five 
hundred  dollars,  or  by  imprisonment  (in  the  case  of  a 
natural  person)  not  exceeding  one  year,  or  by  both  such 
punishments,  in  the  discretion  of  the  court.  And  further, 
the  removal  of  any  structures  or  parts  of  structures 
erected  in  violation  of  the  provisions  of  the  said  sections 
may  be  enforced  by  the  injunction  of  any  district  court 
exercising  jurisdiction  in  any  district  in  which  such 
structures  may  exist,  and  proper  proceedings  to  this  end 
may  be  instituted  under  the  direction  of  the  Attorney- 
General  of  the  United  States.  The  continuance  of  any 
such  obstruction,  except  bridges,  piers,  docks  and  wharves, 
and  similar  structures  erected  for  business  purposes, 
whether  heretofore  or  hereafter  created,  shall  constitute 
an  offense  and  each  week's  continuance  of  any  such 
obstruction  shall  be  deemed  a  separate  offense. 

393.  Dumping  into  navigable  waters. 

iec!"il;  1899-  It  shall  not  be  lawful  to  throw,  discharge,  or  deposit, 
or  cause,  suffer,  or  procure  to  be  thrown,  discharged,  or 
deposited  either  from  or  out  of  any  ship,  barge,  or  other 
floating  craft  of  any  kind,  or  from  the  shore,  wharf,  man- 
ufacturing establishment,  or  mill  of  any  kind,  any  refuse 
matter  of  any  kind  or  description  whatever  other  than  that 
flowing  from  streets  and  sewers  and  passing  therefrom  in 
a  liquid  state,  into  any  navigable  water  of  the  United 
States,  or  into  any  tributary  of  any  navigable  water  from 
which  the  same  shall  float  or  be  washed  into  such  navig- 
able water;  and  it  shall  not  be  lawful  to  deposit,  or  cause, 
suffer,  or  procure  to  be  deposited  material  of  any  kind  in 
any  place  on  the  bank  of  any  navigable  water,  or  on  the 
bank  of  any  tributary  of  any  navigable  water,  where  the 
same  shall  be  liable  to  be  washed  into  such  navigable  water, 
either  by  ordinary  or  high  tides,  or  by  storms  or  floods, 
or  otherwise,  whereby  navigation  shall  or  may  be  impeded 
or  obstructed:  Provided,  That  nothing  herein  contained 
shall  extend  to,  apply  to,  or  prohibit  the  operations  in 
connection  with  the  improvement  of  navigable  waters  or 
construction  of  public  works,  considered  necessary  and 


PART    XXXVI. — OBSTRUCTIONS   TO   NAVIGATION.  411 

proper  by  the  United  States  officers  supervising  such  im- 
provement or  public  work:  And  provided  further,  That 
the  Secretary  of  War,  whenever  in  the  judgment  of  the 
Chief  of  Engineers  anchorage  and  navigation  will  not  be 
injured  thereby,  may  permit  the  deposit  of  any  material 
above  mentioned  in  navigable  waters,  within  limits  to  be 
defined  and  under  conditions  to  be  prescribed  by  him, 
provided  application  is  made  to  him  prior  to  depositing 
such  material;  and  whenever  any  permit  is  so  granted  the 
conditions  thereof  shall  be  strictly  complied  with,  and 
any  violation  thereof  shall  be  unlawful. 

The  Secretary  of  War  is  hereby  authorized  and  empow-  ^-43-  1905- 
ered  to  prescribe  regulations  to  govern  the  transportation  ' 
and  dumping  into  any  navigable  water,  or  waters  ad- 
jacent thereto,  of  clredgings,  earth,  garbage,  and  other 
refuse  materials  of  every  kind  or  description,  whenever  in 
his  judgment  such  regulations  are  required  in  the  interest 
of  navigation.  Such  regulations  shall  be  posted  in  con- 
spicuous and  appropriate  places  for  the  information  of 
the  public ;  and  every  person  or  corporation  which  shall 
violate  the  said  regulations,  or  any  of  them,  shall  be 
deemed  guilty  of  a  misdemeanor  and  shall  be  subject  to 
the  penalties  prescribed  in  section  sixteen  of  the  river  and 
harbor  Act  of  March  third,  eighteen  hundred  and  ninety- 
nine,  for  violation  of  the  provisions  of  section  thirteen  of 
the  said  Act:  Provided,  That  any  regulations  made  in 
pursuance  hereof  may  be  enforced  as  provided  in  section 
seventeen  of  the  aforesaid  Act  of  March  third,  eighteen 
hundred  and  ninety-nine,  the  provisions  whereof  are 
herebv  made  applicable  to  the  said  regulations:  Pro- 
vided further,  That  this  section  shall  not  apply  to  any 
waters  within  the  jurisdictional  boundaries  of  any  State 
which  are  now  or  may  hereafter  be  used  for  the  cultiva- 
tion of  oysters  under  the  laws  of  such  State,  except  navi- 
gable channels  which  have  been  or  may  hereafter  be 
improveded  by  the  United  States,  or  to  be  designated  as 
navigable  channels  by  competent  authority,  and  in  mak- 
ing such  improvements  of  channels,  the  material  dredged 
shall  not  be  deposited  upon  any  ground  in  use  in  accord- 
ance with  the  laws  of  such  State  for  the  cultivation  of 
oysters,  except  in  compliance  with  said  laws:  And  pro- 
vided further,  That  any  expense  necessary  in  executing 
this  section  may  be  paid  from  funds  available  for  the 
improvement  of  the  harbor  or  waterway,  for  which  regu- 
lations may  be  prescribed,  and  in  case  no  such  funds  are 
available  the  said  expense  may  be  paid  from  appropria- 
tions made  by  Congress  for  examinations,  surveys,  and 
contingencies  of  rivers  and  harbors. 

It  shall  not  be  lawful  to  throw,  discharge,  dump,  or 
deposit,  or  cause,  suffer,  or  procure,  to  be  thrown,  dis- 
charged, dumped,  or  deposited,  any  refuse  matter  of  any 


.Tnne  23,  1910. 


41l>  NAVIGATION    LAWS   OP   THE    UNITED   STATES. 

kind  or  description  whatever  other  than  that  flowing 
from  streets  and  sewers  and  passing  therefrom  in  a  liquid 
state  into  Lake  Michigan,  at  any  point  opposite  or  in 
front  of  the  county  of  Cook,  in  the  State  of  Illinois,  or 
the  county  of  Lake  in  the  State  of  Indiana,  within  eight 
miles  from  the  shore  of  said  lake,  unless  said  material 
shall  be  placed  inside  of  a  breakwater  so  arranged  as  not 
to  permit  the  escape  of  such  refuse  material  into  the  body 
of  the  lake  and  cause  contamination  thereof;  and  no 
officer  of  the  Government  shall  dump  or  cause  or  author- 
ize to  be  dumped  any  material  contrary  to  the  provisions 
of  this  Act:  Provided ?,  however,  That  the  provisions  of 
this  Act  shall  not  apply  to  work  in  connection  with  the 
construction,  repair,  and  protection  of  breakwaters  and 
other  structures  built  in  aid  of  navigation,  or  for  the 
purpose  of  obtaining  water  supply.  Any  person  violat- 
ing any  provision  of  this  Act  shall  be  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof  shall  be  fined  for 
each  offense  not  exceeding  one  thousand  dollars. 

394.  Impairing  public  works. 

iecr'i4'  18"'  It  snaU  not  be  lawful  for  any  person  or  persons  to  take 
possession  of  or  make  use  of  for  any  purpose,  or  build 
upon,  alter,  deface,  destroy,  move,  injure,  obstruct  by 
fastening  vessels  thereto  or  otherwise,  or  in  any  manner 
whatever  impair  the  usefulness  of  any  sea  wall,  bulkhead, 
jetty,  dike,  levee,  wharf,  pier,  or  other  work  built  by  the 
United  States,  or  any  piece  of  plant,  floating  or  otherwise, 
used  in  the  construction  of  such  work  under  the  control  of 
the  United  States,  in  whole  or  in  part,  for  the  preserva- 
tion and  improvement  of  any  of  its  navigable  waters  or 
to  prevent  floods,  or  as  boundary  marks,  tide  gauges,  sur- 
veying stations,  buoys,  or  other  established  marks,  nor 
remove  for  ballast  or  other  purposes  any  stone  or  other 
material  composing  such  works:  Provided,  That  the  Sec- 
retary of  War  may,  on  the  recommendation  of  the  Chief 
of  Engineers,  grant  permission  for  the  temporary  occu- 
pation or  use  of  any  of  the  aforementioned  public  works 
when  in  his  judgment  such  occupation  or  use  will  not  be 
injurious  to  the  public  interest. 

395.  Obstructing-  channels. 

It  shall  not  be  lawful  to  tie  up  or  anchor  vessels  or 
other  craft  in  navigable  channels  in  such  a  manner  as  to 
prevent  or  obstruct  the  passage  of  other  vessels  or  craft; 
or  to  voluntarily  or  carelessly  sink,  or  permit  or  cause  to 
be  sunk,  vessels  or  other  craft  in  navigable  channels;  or 
to  float  loose  timber  and  logs,  or  to  float  what  is  known  as 
sack  rafts  of  timber  and  logs  in  streams  or  channels  actu- 
ally navigated  by  steamboats  in  such  manner  as  to  ob- 
struct, impede,  or  endanger  navigation.  And  whenever  a 
vessel,  raft,  or  other  craft  is  wrecked  and  sunk  in  a  navi- 


Mar.  3.  1809. 
Sec.  15. 


PART   XXXVI. OBSTRUCTIONS    TO    NAVIGATION.  413 

gable  channel,  accidentally  or  otherwise,  it  shall  he  the 
duty  of  the  owner  of  such  sunken  craft  to  immediately 
mark  it  with  a  buoy  or  beacon  during  the  day  and  a 
lighted  lantern  at  night,  and  to  maintain  such  marks  until 
the  sunken  craft  is  removed  or  abandoned,  and  the  neglect 
or  failure  of  the  said  owner  so  to  do  shall  be  unlawful; 
and  it  shall  be  the  duty  of  the  owner  of  such  sunken  craft 
to  commence  the  immediate  removal  of  the  same,  and 
prosecute  such  removal  diligently,  and  failure  to  do  so 
shall  be  considered  as  an  abandonment  of  such  craft,  and 
subject  the  same  to  removal  by  the  United  States  as 
hereinafter  provided  for. 
396.  Log  regulations. 

The  prohibition  contained  in  section  fifteen  of  the  river  May  9,  iooo. 
and  harbor  Act,  approved  March  third,  eighteen  hundred 
and  ninety-nine,  against  floating  loose  timber  and  logs,  or 
sack  rafts,  so-called,  of  timber  and  logs  in  streams  or 
channels  actually  navigated  by  steamboats,  shall  not  ap- 
ply to  any  navigable  river  or  waterway  of  the  United 
States  or  any  part  thereof  whereon  the  floating  of  loose 
timber  and  logs  and  sack  rafts  of  timber  and  logs  is  the 
principal  method  of  navigation.  But  such  method  of 
navigation  on  such  river  or  waterway  or  part  thereof 
shall  be  subject  to  the  rules  and  regulations  prescribed  by 
the  Secretary  of  War  as  hereinafter  provided. 

The  Secretary  of  War  shall  have  power,  and  he  is  Sec  2. 
hereby  authorized  and  directed,  within  the  shortest  prac- 
ticabfe  time  after  the  passage  hereof,  to  prescribe  rules 
and  regulations,  which  he  may  at  any  time  modify,  to 
govern  and  regulate  the  floating  of  loose  timber  and  logs, 
and  sack  rafts,  (so  called)  of  timber  and  logs  and  other 
methods  of  navigation  on  the  streams  and  waterways,  or 
any  thereof,  of  the  character,  as  to  navigation,  in  section 
one  hereof  described.  The  said  rules  and  regulations  shall 
be  so  framed  as  to  equitably  adjust  conflicting  interests  be- 
tween the  different  methods  or  forms  of  navigation ;  and 
the  said  rules  and  regulations  shall  be  published  at  least 
once  in  such  newspaper  or  newspapers  of  general  circu- 
lation as  in  the  opinion  of  the  Secretary  of  War  shall  be 
best  adapted  to  give  notice  of  said  rules  and  regulations 
to  persons  affected  thereby  and  locally  interested  therein. 
And  all  modifications  of  said  rules  and  regulations  shall 
be  similarly  published.  And  such  rules  and  regulations 
when  so  prescribed  and  published  as  to  any  such  stream 
or  waterway  sha.ll  have  the  force  of  law,  and  any  viola- 
tion thereof  shall  be  a  misdemeanor,  and  every  person 
convicted  of  such  violation  shall  be  punished  by  a  fine  of 
not  exceeding  two  thousand  five  hundred  dollars  nor  less 
than  five  hundred  dollars,  or  by  imprisonment  (in  case  of 
a  natural  person)  for  not  less  than  thirty  days  nor  more 
than  one  year,  or  by  both  such  fine  and  imprisonment,  in 
the  discretion  of  the  court:  Pro vided,  That  the  proper 
action  to  enforce  the  provisions  of  this  section  may  be 


4  1  4  NAVIGATION    LAWS   OF   THE   UNITED   STATES. 

commenced  before  any  commissioner,  judge,  or  court  of 
the  United  States,  and  such  commissioner,  judge  or  court 
shall  proceed  in  respect  thereto  as  authorized  by  law  in 
the  case  of  crimes  or  misdemeanors  committed  against  the 
United  States. 

S(,<'--"-  The  right  to  alter,  amend,  or  repeal  this  Act  at  any 

time  is  hereby  reserved. 

Scc-4-  This  Act  shall  not,  nor  shall  any  rules  or  regulations 

prescribed  thereunder,  in  any  manner  affect  any  civil 
action  or  actions  heretofore  commenced  and  now  pending 
to  recover  damages  claimed  to  have  been  sustained  by 
reason  of  the  violation  of  any  of  the  terms  of  said  section 
fifteen,  as  originally  enacted,  or  in  violation  of  any  other 
law. 

397.  Penalties. 
Mar.  3,  1899.  Every  person  and  every  corporation  that  shall  violate, 
or  that  shall  knowingly  aid,  abet,  authorize,  or  instigate  a 
violation  of  the  provisions  of  sections  thirteen,  fourteen, 
and  fifteen  of  this  Act  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  punished  by  a  fine  not 
exceeding  twenty-five  hundred  dollars  nor  less  than  five 
hundred  dollars,  or  by  imprisonment  (in  the  case  of  a 
natural  person)  for  not  less  than  thirty  days  nor  more 
than  one  year,  or  by  both  such  fine  and  imprisonment,  in 
the  discretion  of  the  court,  one-half  of  said  fine  to  be 
paid  to  the  person  or  persons  giving  information  which 
shall  lead  to  conviction.  And  any  and  every  master, 
pilot,  and  engineer,  or  person  or  persons  acting  in  such 
capacity,  respectively,  on  board  of  any  boat  or  vessel  who 
shall  knowingly  engage  in  towTing  any  scow7,  boat,  or  ves- 
sel loaded  with  any  material  specified  in  section  thirteen 
of  this  Act  to  any  point  or  place  of  deposit  or  discharge 
in  any  harbor  or  navigable  water,  elsewhere  than  within 
the  limits  defined  and  permitted  by  the  Secretary  of  War, 
or  who  shall  willfully  injure  or  destroy  any  work  of  the 
United  States  contemplated  in  section  fourteen  of  this 
Act,  or  who  shall  willfully  obstruct  the  channel  of  any 
waterway  in  the  manner  contemplated  in  section  fifteen 
of  this  Act,  shall  be  deemed  guilty  of  a  violation  of  this 
Act,  and  shall  upon  conviction  be  punished  as  hereinbe- 
fore provided  in  this  section,  and  shall  also  have  his 
license  revoked  or  suspended  for  a  term  to  be  fixed  by  the 
judge  before  whom  tried  and  convicted.  And  any  boat, 
vessel,  scow,  raft,  or  other  craft  used  or  employed  in  vio- 
lating any  of  the  provisions  of  sections  thirteen,  fourteen, 
and  fifteen  of  this  Act  shall  be  liable  'for  the  pecuniary 
penalties  specified  in  this  section,  and  in  addition  thereto 
for  the  amount  of  the  damages  done  by  said  boat,  vessel, 
scow,  raft,  or  other  craft,  which  latter  sum  shall  be  placed 
to  the  credit  of  the  appropriation  for  the  improvement  of 
the  harbor  or  waterway  in  which  the  damage  occurred, 
and  said  boat,  vessel,  scow,  raft,  or  other  craft  may  be 


PART   XXXVI. OBSTRUCTIONS   TO    NAVIGATION. 


415 


proceeded  against  summarily  by  way  of  libel  in  any  dis- 
trict court  of  the  United  States  having  jurisdiction 
thereof. 

The  Department  of  Justice  shall  conduct  the  legal  pro-  Mar.  3,  1899. 
ceedings  necessary  to  enforce  the  foregoing  provisions  of  Sec.  it. 
sections  nine  to  sixteen,  inclusive,  of  this  Act ;  and  it  shall 
be  the  duty  of  district  attorneys  of  the  United  States  to 
vigorously  prosecute  all  offenders  against  the  same  when- 
ever requested  to  do  so  by  the  Secretary  of  War  or  by  any 
of  the  officials  hereinafter  designated,  and  it  shall  further- 
more be  the  duty  of  said  district  attorneys  to  report  to 
the  Attorney-General  of  the  United  States  the  action 
taken  by  him  against  offenders  so  reported,  and  a  tran- 
script of  such  reports  shall  be  transmitted  to  the  Secre- 
tary of  War  by  the  Attorney-General ;  and  for  the  better 
enforcement  of  the  said  provisions  and  to  facilitate  the 
detection  and  bringing  to  punishment  of  such  offenders, 
the  officers  and  agents  of  the  United  States  in  charge  of 
.river  and  harbor  improvements,  and  the  assistant  engi- 
neers and  inspectors  employed  under  them  by  authority 
of  the  Secretary  of  War,  and  the  United  States  collectors 
of  customs  and  other  revenue  officers,  shall  have  power 
and  authority  to  swear  out  process  and  to  arrest  and  take 
into  custody,^  with  or  without  process,  any  person  or  per- 
sons who  may  commit  any  of  the  acts  or  offenses  pro- 
hibited by  the  aforesaid  sections  of  this  Act,  or  who  may 
violate  any  of  the  provisions  of  the  same :  Provided,  That 
no  person  shall  be  arrested  without  process  for  any  offense 
not  committed  in  the  presence  of  some  one  of  the  afore- 
said officials :  And  provided  further,  That  whenever  any 
arrest  is  made  under  the  provisions  of  this  Act,  the  person 
so  arrested  shall  be  brought  forthwith  before  a  commis- 
sioner, judge,  or  court  of  the  United  States  for  examina- 
tion of  the  offenses  alleged  against  him;  and  such  com- 
missioner, judge,  or  court  shall  proceed  in  respect  thereto 
as  authorized  bv  law  in  case  of  crimes  against  the  United 
States. 


398.  Bridge  spans 

Soprotnii-ir  rvf  W.iv  olinll    lici^o   rrnnrl    vpnsrni 

Sec.  18. 


Whenever  the  Secretary  of  War  shall  have  good  reason  M 


to  believe  that  any  railroad  or  ether  bridge  now  con- 
structed, or  which  may  hereafter  be  constructed,  over  any 
of  the  navigable  waterways  of  the  United  States  is  an 
unreasonable  obstruction  to  the  free  navigation  of  such 
waters  on  account  of  insufficient  height,  width  of  span,  or 
otherwise,  or  where  there  is  difficulty  in  passing  the  draw 
opening  or  the  draw  span  of  such  bridge  by  rafts,  steam- 
boats, or  other  water  craft,  it  shall  be  the  duty  of  the  said 
Secretary,  first  giving  the  parties  reasonable  opportunity 
to  be  heard,  to  give  notice  to  the  persons  or  corporations 
owning  or  controlling  such  bridge  so  to  alter  the  same  as 
to  render  navigation  through  or  under  it  reasonably  free, 
easy,  and  unobstructed:  and  in  giving  such  notice  he  shall 
specify  the  changes  recommended  by  the  Chief  of  Engi- 
neers that  are  required  to  be  made,  and  shall  prescribe  in 


416  NAVIGATION    LAWS   OF   THE   UNITED   STATES. 

each  case  a  reasonable  time  in  which  to  make  them.  If 
at  the  end  of  such  time  the  alteration  has  not  been  made, 
the  Secretary  of  War  shall  forthwith  notify  the  United 
States  district  attorney  for  the  district  in  which  such 
bridge  is  situated,  to  the  end  that  the  criminal  proceed- 
ings hereinafter  mentioned  may  be  taken.  If  the  persons, 
corporation,  or  association  owning  or  controlling  any 
railroad  or  other  bridge  shall,  after  receiving  notice  to 
that  effect,  as  hereinbefore  required,  from  the  Secretary 
of  War,  and  within  the  time  prescribed  by  him  willfully 
fail  or  refuse  to  remove  the  same  or  to  comply  wTith  the 
lawful  order  of  the  Secretary  of  War  in  the  premises, 
such  persons,  corporation,  or  association  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall 
be  punished  by  a  fine  not  exceeding  five  thousand  dollars, 
and  every  month  such  persons,  corporation,  or  association 
shall  remain  in  default  in  respect  to  the  removal  or  alter- 
ation of  such  bridge  shall  be  deemed  a  new  offense,  and 
subject  the  persons,  corporation,  or  association  so  offend- 
ing to  the  penalties  above  prescribed:  Provided,  That  in 
any  case  arising  under  the  provisions  of  this  section  an 
appeal  or  writ  of  error  may  be  taken  from  the  district 
courts  or  from  the  existing  district  courts  direct  to  the 
Supreme  Court  either  by  the  United  States  or  by  the 
defendants. 

399.  Bridge  piers  and  abutments. 

jtee^o11*  1888*  Whenever  complaint  shall  be  made  by  the  Secretary  of 
War  that  by  reason  of  the  placing  in  any  navigable 
waters  of  the  United  States  of  any  bridge  pier  or  abut- 
ment, the  current  of  such  waters  has  been  so  deflected 
from  its  natural  course  as  to  cause  by  producing  caving 
of  banks  or  otherwise  serious  damage  or  danger  to  prop- 
erty, it  shall  be  his  duty  to  make  inquiry,  and  if  it  shall 
be  ascertained  that  the  complaint  is  well  founded,  he  shall 
cause  the  owners  or  persons  operating  such  bridge  to  re- 
pair such  damage  or  prevent  such  danger  to  property  by 
such  means  as  he  shall  indicate  and  within  such  time  as 
he  may  name,  and  in  default  thereof  the  owners  or  per- 
sons operating  such  bridge  shall  be  liable  in  any  court  of 
competent  jurisdiction  to  the  persons  injured  in  a  sum 
double  the  amount  of  said  injury. 

400.  Drawbridges. 

secg'518,  1894'  **  shall  ^e  tne  C^llty  °^  a^  Persons  owning,  operating, 
and  tending  the  drawbridge  now  built,  or  which  may 
hereafter  be  built  across  the  navigable  rivers  and  other 
waters  of  the  United  States,  to  open,  or  cause  to  be  opened, 
the  draws  of  such  bridges  under  such  rules  and  regula- 
tions as  in  the  opinion  of  the  Secretary  of  War  the  public 
interests  require  to  govern  the  opening  of  drawbridges 
for  the  passage  of  vessels  and  other  water  crafts,  and  such 
rules  and  regulations,  when  so  made  and  published,  shall 


PART  XXXVI. OBSTRUCTIONS  TO   NAVIGATION.  417 

have  the  force  of  law.  Every  such  person  who  shall  will- 
fully fail  or  refuse  to  open,  or  cause  to  be  opened,  the 
draw  of  any  such  bridge  for  the  passage  of  a  boat  or 
boats,  or  who  shall  unreasonably  delay  the  opening  of 
said  draw  after  reasonable  signal  shall  have  been  given, 
as  provided  in  such  regulations,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  more  than  two  thousand  dollars  nor 
less  than  one  thousand  dollars,  or  by  imprisonment  (in 
the  case  of  a  natural  person)  for  not  exceeding  one  year, 
or  by  both  such  fine  and  imprisonment,  in  the  discretion 
of  the  court :  Provided,  That  the  proper  action  to  enforce 
the  provisions  of  this  section  may  be  commenced  before 
any  commissioner,  judge,  or  court  of  the  United  States, 
and  such  commissioner,  judge,  or  court  shall  proceed  in 
respect  thereto  as  authorized  by  law  in  case  of  crimes 
against  the  United  States:  Provided  further,  That  when- 
ever, in  the  opinion  of  the  Secretary  of  War,  the  public 
interests  require  it,  he  may  make  rules  and  regulations  to 
govern  the  opening  of  drawbridges  for  the  passage  of  ves- 
sels and  other  water  crafts,  and  such  rules  and  regula- 
tions, when  so  made  and  published,  shall  have  the  force 
of  law,  and  anv  violation  thereof  shall  be  punished  as 
hereinbefore  provided.  [See  Act  of  June  13  ,1902,  sec.  6,  |lel°e613, 1902' 
on  p.  419.] 
401.  Sunken  wrecks. 

Whenever  the  navigation  of  any  river,  lake,  harbor,  $£?$  1899- 
sound,  bay,  canal,  or  other  navigable  waters  of  the  United 
States  shall  be  obstructed  or  endangered  by  any  sunken 
vessel,  boat,  water  craft,  raft,  or  other  similar  obstruction, 
and  such  obstruction  has  existed  for  a  longer  period  than 
thirty  days,  or  whenever  the  abandonment  of  such  ob- 
struction can  be  legally  established  in  a  less  space  of  time, 
the  sunken  vessel,  boat,  water  craft,  raft,  or  other  obstruc- 
tion shall  be  subject  to  be  broken  up,  removed,  sold,  or 
otherwise  disposed  of  by  the  Secretary  of  War  at  his  dis- 
cretion, without  liability  for  any  damage  to  the  owners  of 
the  same :  Provided,  That  in  his  discretion,  the  Secretary 
of  War  may  cause  reasonable  notice  of  such  obstruction  of 
not  less  than  thirty  days,  unless  the  legal  abandonment  of 
the  obstruction  can  be  established  in  a  less  time,  to  be 
given  by  publication,  addressed  "  To  whom  it  may  con- 
cern," in  a  newspaper  published  nearest  to  the  locality  of 
the  obstruction,  requiring  the  removal  thereof :  And  pro- 
vided also,  That  the  Secretary  of  War  may,  in  his  dis- 
cretion, at  or  after  the  time  of  giving  such  notice,  cause 
sealed  proposals  to  be  solicited  by  public  advertisement, 
giving  reasonable  notice  of  not  less  than  ten  days,  for  the 
removal  of  such  obstruction  as  soon  as  possible  after  the 
expiration  of  the  above  specified  thirty  days'  notice,  in 
case  it  has  not  in  the  meantime  been  so  removed,  these 
143562°— 19 27 


418  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

proposals  and  contracts,  at  his  discretion,  to  be  condi- 
tioned that  such  vessel,  boat,  water  craft,  raft,  or  other 
obstruction,  and  all  cargo  and  property  contained  therein, 
shall  become  the  property  of  the  contractor,  and  the  con- 
tract shall  be  awarded  to  the  bidder  making  the  proposi- 
tion most  advantageous  to  the  United  States:  Provided, 
That  such  bidder  shall  give  satisfactory  security  to  exe- 
cute the  work:  Provided  further,  That  any  money  re- 
ceived from  the  sale  of  any  such  wreck,  or  from  any  con- 
tractor for  the  removal  of  wrecks,  under  this  paragraph 
shall  be  covered  into  the  Treasury  of  the  United  States. 
Mar.  3,  1899.  Under  emergency,  in  the  case  of  any  vessel,  boat,  water 
sec.  20.  craft,  or  raft,  or  other  similar  obstruction,  sinking  or 

grounding,  or  being  unnecessarily  delayed  in  any  Govern- 
ment canal  or  lock,  or  in  any  navigable  waters  mentioned 
in  section  nineteen,  in  such  manner  as  to  stop,  seriously 
interfere  with  or  specially  endanger  navigation,  in  the 
opinion  of  the  Secretary  of  War,  or  any  agent  of  the 
United  States  to  whom  the  Secretary  may  delegate  proper 
authority,  the  Secretary  of  War  or  any  such  agent  shall 
have  the  right  to  take  immediate  possession  of  such  boat, 
vessel,  or  other  water  craft,  or  raft,  so  far  as  to  remove  or 
to  destroy  it  and  to  clear  immediately  the  canal,  lock,  or 
navigable  waters  aforesaid  of  the  obstruction  thereby 
caused,  using  his  best  judgment  to  prevent  any  unneces- 
sary injury;  and  no  one  shall  interfere  with  or  prevent 
such  removal  or  destruction:  Provided,  That  the  officer 
or  agent  charged  with  the  removal  or  destruction  of  an 
obstruction  under  this  section  may  in  his  discretion  give 
notice  in  writing  to  the  owners  of  any  such  obstruction 
requiring  them  to  remove  it :  And  provided  further,  That 
the  expense  of  removing  any  such  obstruction  as  afore- 
said shall  be  a  charge  against  such  craft  and  cargo ;  and 
if  the  owners  thereof  fail  or  refuse  to  reimburse  the 
United  States  for  such  expense  within  thirty  days  after 
notification,  then  the  officer  or  agent  aforesaid  may  sell 
the  craft  or  cargo,  or  any  part  thereof  that  may  not  have 
been  destroyed  in  removal,  and  the  proceeds  of  such  sale 
shall  be  covered  into  the  Treasury  of  the  United  States. 
Such  sum  of  money  as  may  be  necessary  to  execute  this 
section  and  the  preceding  section  of  this  Act  is  hereby 
appropriated  out  of  any  money  in  the  Treasury  not  other- 
Avise  appropriated,  to  be  paid  out  on  the  requisition  of  the 
Secretary  of  War. 
Mar.  3, 1899.  All  laws  or  parts  of  laws  inconsistent  with  the  fore- 
sec.  20.  going  sections  ten  to  twenty,  inclusive,  of  this  Act  are 
hereby  repealed :  Provided,  That  no  action  begun,  or  right 
of  action  accrued,  prior  to  the  passage  of  this  Act  shall  be 
June  is,  1902.  affected  by  this  repeal.  Prodded  further,  That  nothing 
Sec.  12.  contained  in  the  said  foregoing  sections  shall  be  construed 
as  repealing,  modifying,  or  in  any  manner  affecting  the 
provisions  of  an  Act  of  Congress  approved  June  twenty- 
ninth,  eighteen  hundred  and  eighty-eight,  entitled  "An 
Act  to  prevent  obstructive  and  injurious  deposits  within 
the  harbor  and  adjacent  waters  of  New  York  City,  by 


PART  XXXVI. OBSTRUCTIONS  TO  NAVIGATION.        419 

dumping  or  otherwise,  and  to  punish  and  prevent  such 

offenses?'  as  amended  by  section  three  of  the  river  and 

harbor  Act  of  August  eighteenth,  eighteen  hundred  and 

ninety-four. 

402.  Speed  of  vessels;  navigation  of  canals. 

It  shall  be  the  duty  of  the  Secretary  of  War  to  pre-     Jj*-4*8'18M- 
scribe  such  regulations  for  the  use,  administration,  and    June  13, 1902. 
navigation  of  the  navigable  waters  of  the  United  States    JS*.  ";  1917. 
as  in  his  judgment  the  public  necessity  may  require  for    sec.  7. 
the  protection  of  life  and  property,  or  of  operations  of 
the  United  States  in  channel  improvement,  covering  all 
matters  not  specifically  delegated  by  law  to  some  other 
executive  department.    Such  regulations  shall  be  posted, 
in  conspicuous  and  appropriate  places,  for  the  informa- 
tion of  the  public;  and  every  person  and  every  corpora- 
tion which  shall  violate  such  regulations  shall  be  deemed 
guilty  of  a  misdemeanor  and  on  conviction  thereof  in  any 
district  court  of  the  United  States  within  whose  terri- 
torial jurisdiction  such  offense  may  have  been  committed, 
shall  be  punished  by  a  fine  not  exceeding  $500,  or  by  im- 
prisonment (in  the  case  of  a  natural  person)  not  exceed- 
ing six  months,  in  the  discretion  of  the  court. 

In  the  interest  of  the  national  defense  and  for  the  bet-  |eucf  88,  1917> 
ter  protection  of  life  and  property  on  said  waters,  the 
Secretary  of  War  is  hereby  authorized  and  empowered  to 
prescribe  such  regulations  as  he  may  deem  best  for  the 
use  and  navigation  of  any  portion  of  areas  of  the  naviga- 
ble waters  of  the  United  States  or  waters  under  the  juris- 
diction of  the  United  States  endangered  or  likely  to  be 
endangered  by  Coast  Artillery  fire  in  target  practice  or 
otherwise,  or  by  the  proving  operations  of  the  Govern- 
ment ordnance  proving  ground  at  Sandy  Hook,  New 
Jersey,  or  at  any  Government  ordnance  proving  ground 
that  may  be  established  elsewhere  on  or  near  such  waters, 
and  of  any  portion  or  area  of  said  waters  occupied  by 
submarine  mines,  mine  fields,  submarine  cables,  or  other 
material  and  accessories  pertaining  to  seacoast  fortifica- 
tions; and  the  said  Secretary  of  War  shall  have  like 
power  to  regulate  the  transportation  of  explosives  upon 
any  of  said  wraters. 

To  enforce  the  regulations  prescribed  pursuant  to  this 
section  the  Secretary  of  War  may  detail  any  public  ves- 
sel in  the  service  of  the  War  Department,  or,  upon  the 
request  of  the  Secretary  of  War,  the  head  of  any  other 
department  may  enforce,  and  the  head  of  any  such  de- 
partment is  hereby  authorized  to  enforce,  such  regula- 
tions by  means  of  any  public  vessel  of  such  department. 

Any  regulations  heretofore  or  hereafter  prescribed  by  1™*™'  19°2' 
the  Secretary  of  War  in  pursuance  of  the  fourth  and 
fifth  sections  of  the  river  and  harbor  Act  of  August 
eighteenth,  eighteen  hundred  and  ninety-four,  and  any 
regulations  hereafter  prescribed  in  pursuance  of  the 
aforesaid  section  four  as  amended  by  section  eleven  of 
this  Act,  may  be  enforced  as  provided  in  section  seven- 
teen of  the  river  and  harbor  Act  of  March  third,  eighteen 


420  NAVIGATION   LAWS   OF   THE    UNITED   STATES. 

hundred  and  ninety-nine,  the  provisions  whereof  are 
hereby  made  applicable  to  the  said  regulations. 

403.  Potomac  River. 

May  19,  1896.  It  shall  be  unlawful  for  any  owner  or  occupant  of  any 
wharf  or  dock,  any  master  or  captain  of  any  vessel,  or  any 
person  or  persons  to  cast,  throw,  drop,  or  deposit  any  bal- 
last, dirt,  03rster  shells,  or  ashes  in  the  water  in  any  part 
of  the  Potomac  River  or  its  tributaries  in  the  District  of 
Columbia,  or  on  the  shores  of  said  river  below  high-water 
mark,  unless  for  the  purpose  of  making  a  wharf,  after 
permission  has  been  obtained  from  the  Commissioners  of 
the  District  of  Columbia  for  that  purpose,  which  wharf 
shall  be  sufficiently  enclosed  and  secured  so  as  to  prevent 
injury  to  navigation. 

sec.  2.  It  shall  be  unlawful  for  any  owner  or  occupant  of  any 

wharf  or  dock,  any  captain  or  master  of  any  vessel,  or  any 
other  person  or  persons  to  cast,  throw,  deposit,  or  drop  in 
any  dock  or  in  the  waters  of  the  Potomac  River  or  its  tribu- 
taries in  the  District  of  Columbia  any  dead  fish,  fish  offal, 
dead  animals  of  any  kind,  condemned  oysters  in  the  shell, 
watermelons,  cantaloupes, vegetables,  fruits,  shavings,  hay, 
straw,  ice,  snow7,  filth,  or  trash  of  any  kind  whatsoever. 

sec.  3.  Any  person  or  persons  violating  any  of  the  provisions 

of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  in  the  police  court  of  the  District  of  Co- 
lumbia shall  be  punished  by  a  fine  not  exceeding  one  hun- 
dred dollars  or  by  imprisonment  not  exceeding  six  months, 
or  by  both  such  punishments,  in  the  discretion  of  the  court. 

Sec-  4-  Nothing  in  this  Act  contained  shall  be  construed  to 

interfere  with  the  work  of  improvement  in  or  along  the 
said  river  and  harbor,  under  the  supervision  of  the  United 
States  Government. 

404.  Mississippi  River  passes. 

seTs'  19°9'  ^ne  Secretary  of  War  be,  and  is  hereby,  authorized 
to  make  such  rules  and  regulations  for  the  navigation  of 
the  South  and  Southwest  passes  of  the  Mississippi  River 
as  to  him  shall  seem  necessary  or  expedient  for  the  pur- 
pose of  preventing  any  obstruction  to  the  channels  through 
said  South  and  Southwest  passes  and  any  injury  to  the 
works  therein  constructed.  The  term  "  South  and  South- 
west passes,"  as  herein  employed,  shall  be  construed  as 
embracing  the  entire  extent  of  channel,  in  each  case,  be- 
tween the  upper  ends  of  the  works  at  the  head  of  the  pass 
and  the  outer  or  sea  ends  of  the  jetties  at  the  entrance 
from  the  Gulf  of  Mexico;  and  any  willful  violation  of 
any  rule  or  regulation  made  by  the  Secretary  of  War  in 
pursuance  of  this  Act  shall  be  deemed  a  misdemeanor, 
for  which  the  owner  or  owners,  agent  or  agents,  master 
or  pilot  of  the  vessel  so  offending  shall  be  separately  or 
collectively  responsible,  and  on  conviction  thereof  shall 
be  punished  by  a  fine  of  not  less  than  one  hundred  dollars, 
nor  exceeding  five  hundred  dollars,  or  by  imprisonment 
for  not  exceeding  three  months,  or  by  both  fine  and  im- 
prisonment, at  the  discretion  of  the  court. 


Part  XXXVTT  — NEW  YORK  HARBOR. 


405.  New  York  Harbor. 

It  shall  be  unlawful  for  any  person  or  persons  to  engage  A^8'  1894- 
in  fishing  or  dredging  for  shell  fish  in  any  of  the  channels 
leading  to  and  from  the  harbor  of  New  York,  or  to  inter- 
fere in  any  way  with  the  safe  navigation  of  those  chan- 
nels by  ocean  steamships  and  ships  of  deep  draft.  Any 
person  or  persons  violating  the  foregoing  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  punished  by  fine  or  impris- 
onment, or  both,  such  fine  to  be  not  more  than  two  hun- 
dred and  fifty  dollars  nor  less  than  fifty  dollars,  and  the 
imprisonment  to  be  not  more  than  six  months  nor  less 
than  thirty  days,  either  or  both  united,  as  the  judge  be- 
fore whom  conviction  is  obtained  shall  decide.  It  shall 
be  the  duty  of  the  United  States  Supervisor  of  the  harbor 
to  enforce  this  act,  and  the  deputy  inspectors  of  the  said 
supervisor  shall  have  authority  to  arrest  and  take  into 
custody,  with  or  without  process,  any  person  or  persons 
who  may  commit  any  of  the  acts  or  offenses  prohibited 
by  this  Act :  Provided,  That  no  person  shall  be  arrested 
without  process  for  any  offense  not  committed  in  the  pres- 
ence of  the  supervisor  or  his  inspector  or  deputy  inspec- 
tors, or  either  of  them :  And  further  provided,  That  when- 
ever any  such  arrest  is  made  the  person  or  persons  so 
arrested  shall  be  brought  forthwith  before  a  commis- 
sioner, judge,  or  court  of  the  United  States  for  examina- 
tion of  the  offenses  alleged  against  him;  and  such  com- 
missioner, judge,  or  court  shall  proceed  in  respect  thereto 
as  authorized  by  law  in  case  of  crimes  against  the  United 
States. 

The  placing,  discharging,  or  depositing,  by  any  process  June  29, 1888, 
or  in  any  manner,  of  refuse,  dirt,  ashes,  cinders,  mud, 
sand,  dredgings,  sludge,  acid,  or  any  other  matter  of  any 
kind,  other  than  that  flowing  from  streets,  sewers,  and 
passing  therefrom  in  a  liquid  state,  in  the  tidal  waters  of 
the  harbor  of  New  York,  or  its  adjacent  or  tributary 
waters,  or  in  those  of  Long  Island  Sound,  within  the 
limits  which  shall  be  prescribed  by  the  supervisor  of  the 
harbor,  is  hereby  strictily  forbidden.  And  every  such  act 
is  made  a  misdemeanor,  and  every  person  engaged  in  or 
who  shall  aid,  abet,  authorize,  or  instigate  a  violation  of 
this  section,  shall,  upon  conviction,  be  punishable  by  fine 

421 


422  NAVIGATION    LAWS   OF   THE   UNITED   STATES. 

or  imprisonment,  or  both,  such  fine  to  be  not  less  than  two 
hundred  and  fifty  dollars  nor  more  than  two  thousand 
five  hundred  dollars,  and  the  imprisonment  to  be  not  less 
than  thirty  days  nor  more  than  one  year,  either  or  both 
united,  as  the  judge  before  whom  conviction  is  obtained 
shall  decide,  one  half  of  said  fine  to  be  paid  to  the  person 
or  persons  giving  information  which  shall  lead  to  convic- 
tion of  this  misdemeanor. 
s*c.  2.  Any  and  every  master  and  engineer  or  person  or  per- 

sons acting  in  such  capacity,  respectively,  on  board  of  any 
boat  or  vessel,  who  shall  knowingly  engage  in  towing  any 
scow,  boat,  or  vessel  loaded  with  any  such  prohibited 
matter  to  any  point  or  place  of  deposit,  or  discharge  in 
the  waters  of  the  harbor  of  New  York,  or  in  its  adjacent, 
or  tributary  waters,  or  in  those  of  Long  Island  Sound,  or 
to  any  point  or  place  elsewhere  than  within  the  limits 
defined  and  permitted  by  the  supervisor  of  the  harbor 
hereinafter  mentioned,  shall  be  deemed  guilty  of  a  viola- 
tion of  this  act,  and  shall,  upon  conviction,  be  punishable 
as  hereinbefore  provided  for  offenses  in  violation  of  sec- 
tion one  of  this  act,  and  shall  also  have  his  license  re- 
voked or  suspended  for  a  term  to  be  fixed  by  the  judge 
before  whom  tried  and  convicted, 
sec.  3.  In  all  cases  of  receiving  on  board  of  any  scows  or  boats 

secS-3.  '  'such  forbidden  matter  or  substance  as  herein  described, 
the  owner  or  master,  or  person  acting  in  such  capacity  on 
board  of  such  scows  or  boats,  before  proceeding  to  take 
or  tow  the  same  to  the  place  of  deposit,  shall  apply  for 
and  obtain  from  the  supervisor  of  the  harbor  appointed 
hereunder  a  permit  defining  the  precise  limits  within 
which  the  discharge  of  such  scows  or  boats  may  be  made ; 
and  it  shall  not  be  lawful  for  the  owner  or  master,  or  per- 
son acting  in  such  capacity,  of  any  tug  or  towboat  to  tow 
or  move  any  scow  or  boat  so  loaded  with  such  forbidden 
matter  until  such  permit  shall  have  been  obtained;  and 
every  person  violating  the  foregoing  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  punished  by  a  fine  of  not  more 
than  one  thousand  nor  less  than  five  hundred  dollars,  and 
in  addition  thereto  the  master  of  any  tug  or  towboat  so 
offending  shall  have  his  license  revoked,  or  suspended  for 
a  term  to  be  fixed  by  the  judge  before  whom  tried  and 
convicted.  And  any  deviation  from  such  dumping  or 
discharging  place  specified  in  such  permit  shall  be  a  mis- 
demeanor, and  the  owner  and  master,  or  person  acting  in 
the  capacity  of  master,  of  any  scows  or  boats  dumping 
or  discharging  such  forbidden  matter  in  any  place  other 
than  that  specified  in  such  permit  shall  be  liable  to  pun- 
ishment therefor  as  provided  in  section  one  of  the  said 
Act  of  June  twenty-ninth,  eighteen  hundred  and  eighty- 
eight  ;  and  the  owner  and  master,  or  person  acting  in  the 
capacity  of  master,  of  any  tug  or  towboat  towing  such 
scows  or  boats  shall  be  liable  to  equal  punishment  with 


PART  XXXVII. NEW  YORK  HARBOR.  428 

the  owner  and  master,  or  person  acting  in  the  capacity  of 
master,  of  the  scows  or  boats;  and,  further,  every  scow- 
man  or  other  employee  on  board  of  both  scows  and  tow- 
boats  shall  be  deemed  to  have  knowledge  of  the  place  of 
dumping  specified  in  such  permit,  and  the  owners  and 
masters,  or  persons  acting  in  the  capacity  of  masters, 
shall  be  liable  to  punishment,  as  aforesaid,  for  any  unlaw- 
ful dumping,  within  the  meaning  of  this  Act  or  of  the 
said  Act  of  June  twenty-ninth,  eighteen  hundred  and 
eighty-eight,  which  may  be  caused  by  the  negligence  or 
ignorance  of  such  scowman  or  other  employee;  and,  fur- 
ther, neither  defect  in  machinery  nor  avoidable  accidents 
to  scows  or  towboats,  nor  unfavorable  weather,  nor  im- 
proper handling  or  moving  of  scows  or  boats  of  any  kind 
whatsoever,  shall  operate  to  release  the  owners  and  mas- 
ters and  employees  of  scows  and  towboats  from  the  pen- 
alties hereinbefore  mentioned.  Every  scow  or  boat  en- 
gaged in  the  transportation  of  dredgings,  earth,  sand, 
mud,  cellar  dirt,  garbage,  or  other  offensive  material  of 
any  description  shall  have  its  name  or  number  and 
owner's  name  painted  in  letters  and  numbers  at  least 
fourteen  inches  long  on  both  sides  of  the  scow  or  boat; 
these  names  and  numbers  shall  be  kept  distinctly  legible 
at  all  times,  and  no  scow  or  boat  not  so  marked  shall  be 
used  to  transport  or  dump  any  such  material. 

Each  such  scow  or  boat  shall  be  equipped  at  all  times  May  28, 1908. 
with  a  life  line  or  rope  extending  at  least  the  length  of  Sec-  8- 
and  three  feet  above  the  deck  thereof,  such  rope  to  be 
attached  to  the  coaming  thereof,  also  with  a  life-preserver 
and  a  life  buoy  for  each  person  on  board  thereof,  also 
with  anchor  to  weigh  not  less  than  two  hundred  and 
seventy-five  pounds,  and  at  least  one  hundred  feet  of  cable 
attached  thereto ;  a  list  of  the  names  of  all  men  employed 
on  any  such  scow  or  boat  shall  be  kept  by  the  owner  or 
master  thereof  and  the  said  list  shall  be  open  to  the  in- 
spection of  all  parties.  Failure  to  comply  with  any  of 
the  foregoing  provisions  shall  render  the  owner  of  such 
scow  or  boat  liable  upon  conviction  thereof  to  a  penalty 
of  not  more  than  five  hundred  dollars. 

The  requirements  in  regard  to  life  line  or  rope  shall  Feb.  16, 190a 
not  apply  to  any  scow  or  boat  the  deck  outside  the  coam- 
ing or  rail  of  which  shall  not  exceed  one  foot  in  width. 
On  any  such  scow  or  boat  its  name  or  number  and  owner's 
name  painted  in  letters  and  numbers,  at  least  fourteen 
inches  long  on  both  ends  of  such  scow  or  boat,  shall  be  a 
compliance  with  the  provisions  of  the  said  section  in  re- 
gard to  name,  number,  and  owner's  name. 

The  supervisor  of  the  harbor  of  New  York,  designated 
as  provided  in  section  five  of  the  said  Act  of  June  twenty- 
ninth,  eighteen  hundred  and  eighty-eight,  is  authorized 
and  directed  to  appoint  inspectors  and  deputy  inspectors, 
and,  for  the  purpose  of  enforcing  the  provisions  of  this  Act 
and  of  the  Act  aforesaid,  and  of  detecting  and  bringing 


424  NAVIGATION    LAWS   OF   THE   UNITED  STATES. 

to  punishment  offenders  against  the  same,  the  said  super- 
visor of  the  harbor,  and  the  inspectors  and  deputy  in- 
spectors so  appointed  by  him,  shall  have  power  and 
authority : 

First.  To  arrest  and  take  into  custody,  with  or  without 
process,  any  person  or  persons  who  may  commit  any  of 
the  acts  or  offenses  prohibited  by  this  section  and  by  the 
Act  of  June  twenty-ninth,  eighteen  hundred  and  eighty- 
eight,  aforesaid,  or  who  may  violate  any  of  the  provisions 
of  the  same:  Provided,  That  no  person  shall  be  arrested 
without  process  for  any  offense  not  committed  in  the 
presence  of  the  supervisor  or  his  inspectors  or  deputy 
inspectors,  or  either  of  them :  And  provided  further,  That 
whenever  any  such  arrest  is  made  the  person  or  persons 
so  arrested  shall  be  brought  forthwith  before  a  commis- 
sioner, judge,  or  court  of  the  United  States  for  examina- 
tion of  the  offenses  alleged  against  him;  a  id  such  com- 
missioner, judge,  or  court  shall  proceed  in  respect  thereto 
as  authorized  by  law  in  case  of  crimes  against  the  United 
States. 

Second.  To  go  on  board  of  any  scow  or  towboat  en- 
gaged in  unlawful  dumping  of  prohibited  material,  or  in 
moving  the  same  without  a  permit  as  required  in  this 
section  of  this  Act,  or  otherwise  violating  ai  y  of  the 
provisions  of  this  section  of  this  Act,  and  to  seize  and 
lecf  828, 1908'  n°ld  said  boats  until  they  are  discharged  by  action  of 
the  commissioner,  judge,  or  court  of  the  United  States 
before  whom  the  offending  persons  are  brought. 

Third.  To  arrest  and  take  into  custody  any  witness  or 
witnesses  to  such  unlawful  dumping  of  prohibitive  mate- 
rial, the  said  witnesses  to  be  released  under  proper  bonds. 

Fourth.  To  go  on  board  of  any  towboat  having  in  tow 
scows  or  boats  loaded  with  such  prohibited  material,  and 
accompany  the  same  to  the  place  of  dumping,  whenever 
such  action  appears  to  be  necessary  to  secure  compliance 
with  the  requirements  of  this  Act  and  of  the  Act  afore- 
said. 

Fifth.  To  enter  gas  and  oil  works  and  all  other  manu- 
facturing works  for  the  purpose  of  discovering  the  dispo- 
sition made  of  sludge,  acid,  or  other  injurious  material, 
whenever  there  is  good  reason  to  believe  that  such  sludge, 
acid,  or  other  injurious  material  is  allowed  to  run  into  the 
tidal  waters  of  the  harbor  in  violation  of  section  one  of 
the  aforesaid  Act  of  June  twenty-ninth,  eighteen  hundred 
and  eighty-eight. 

Every  person  who,  directly  or  indirectly,  gives  any  sum 
of  money  or  other  bribe,  present,  or  reward  or  makes  any 
offer  of  the  same  to  any  inspector,  deputy  inspector,  or 
other  employee  of  the  office  of  the  supervisor  of  the 
harbor  with  intent  to  influence  such  inspector,  deputy 
inspector,  or  other  employee  to  permit  or  overlook  any 
violations  of  the  provisions  of  this  section  or  of  the  said 
Act  of  June  twenty-ninth,  eighteen  hundred  and  eighty- 
eight,  shall,  on  conviction  thereof,  be  fined  not  less  than 


PART  XXXVII. NEW  YORK  HARBOR.  42.1 

five  hundred  dollars  nor  more  than  one  thousand  dollars, 
and  be  imprisoned  not  less  than  six  months  nor  more 
than  one  year. 

Every  permit  issued  in  accordance  with  the  provisions  May  28, 190s- 
of  this  section  of  this  Act  which  may  not  be  taken  up  by 
an  inspector  or  deputy  inspector  shall  be  returned  within 
four  days  after  issuance  to  the  office  of  the  super- 
visor of  the  harbor ;  such  permit  shall  bear  an  endorsement 
by  the  master  of  the  towboat,  or  the  person  acting  in  such 
capacity,  stating  whether  the  permit  has  been  used,  and  if 
so  the  time  and  place  of  dumping.  Any  person  violating 
the  provisions  of  this  section  shall  be  liable  to  a  fine  of 
not  more  than  five  hundred  dollars  nor  less  than  one  hun- 
dred dollars. 

All  mud,  dirt,  sand,  dredgings,  and  material  of  every  ^e429,  1888 
kind  and  description  whatever  taken,  dredged,  or  exca- 
vated from  any  slip,  basin,  or  shoal  in  the  harbor  of  New 
York,  or  the  waters  adjacent  or  tributary  thereto,  and 
placed  on  any  boat,  scow,  or  vessel  for  the  purpose  of 
being  taken  or  towed  upon  the  waters  of  the  harbor  of 
New  York  to  a  place  of  deposit,  shall  be  deposited  and 
discharged  at  such  place  or  within  such  limits  as  shall  be 
defined  and  specified  by  the  supervisor  of  the  harbor,  as 
in  the  third  section  of  this  act  prescribed,  and  not  other- 
wise. Every  person,  firm,  or  corporation  being  the  owner 
of  any  slip,  basin,  or  shoal,  from  which  such  mud,  dirt, 
sand,  dredgings,  and  material  shall  be  taken,  dredged,  or 
excavated,  and  every  person,  firm,  or  corporation  in  any 
manner  engaged  in  the  work  of  dredging  or  excavating 
any  such  slip,  basin,  or  shoal,  or  of  removing  such  mud, 
dirt,  sand,  or  dredgings  therefrom,  shall  severally  be  re- 
sponsible for  the  deposit  and  discharge  of  all  such  mud, 
dirt,  sand,  or  dredgings  at  such  place  or  within  such  limits 
so  defined  and  prescribed  by  said  supervisor  of  the  har- 
bor ;  and  for  every  violation  of  the  provisions  of  this  sec- 
tion the  person  offending  shall  be  guilty  of  an  offense 
against  this  act,  and  shall  be  punished  by  a  fine  equal  to 
the  sum  of  five  dollars  for  every  cubic  yard  of  mud,  dirt, 
sand,  dredgings,  or  material  not  deposited  or  discharged 
as  required  by  this  section.  Any  boat  or  vessel  used  or 
employed  in  violating  any  provision  of  this  act,  shall  be 
liable  to  the  pecuniary  penalties  imposed  thereby,  and 
may  be  proceeded  against,  summarily  by  way  of  libel  in 
any  district  court  of  the  United  States,  having  jurisdic- 
tion thereof. 

A  line  officer  of  the  Navy  shall  be  designated  by  the  Sec-5- 
President  of  the  United  States  as  supervisor  of  the  har- 
bor, to  act  under  the  direction  of  the  Secretary  of  War  in 
enforcing  the  provisions  of  this  act,  and  in  detecting 
offenders  against  the  same.  This  officer  shall  receive  the 
sea-pay  of  his  grade,  and  shall  have  personal  charge  and 
supervision  under  the  Secretary  of  War,  and  shall  direct 
the  patrol  boats  and  other  means  to  detect  and  bring  to 
punishment  offenders  against  the  provisions  of  this  act. 


Part  XXXVIII.—  RADIO  COMMUNICATION. 


406.  Wireless  ship  act. 

407.  Enforcement  of  wireless-commu- 

nication    laws,     treaties,     and 
conventions. 


408.  Regulation  of  radio  communica- 
tion. 


406.  "Wireless  ship  act. 

July  23'  1912  From  and  after  October  first,  nineteen  hundred  and 
'  twelve,  it  shall  be  unlawful  for  any  steamer  of  the 
United  States  or  of  any  foreign  country  navigating  the 
ocean  or  the  Great  Lakes  and  licensed  to  carry,  or  carry- 
ing, fifty  or  more  persons,  including  passengers  or  crew 
or  both',  to  leave  or  attempt  to  leave  any  port  of  the 
United  States  unless  such  steamer  shall  be  equipped  with 
an  efficient  apparatus  for  radio  communication,  in  good 
working  order,  capable  of  transmitting  and  receiving 
messages  over  a  distance  of  at  least  one  hundred  miles, 
day  or  night.  An  auxiliary  power  supply,  independent 
of  the  vessel's  main  electric  power  plant,  must  be  pro- 
vided which  will  enable  the  sending  set  for  at  least  four 
hours  to  send  messages  over  a  distance  of  at  least  one 
hundred  miles,  day  or  night,  and  efficient  communication 
between  the  operator  in  the  radio  room  and  the  bridge 
shall  be  maintained  at  all  times. 

The  radio  equipment  must  be  in  charge  of  two  or  more 
persons  skilled  in  the  use  of  such  apparatus,  one  or  the 
other  of  whom  shall  be  on  duty  at  all  times  while  the 
vessel  is  being  navigated.  Such  equipment,  operators, 
the  regulation  of  their  watches,  and  the  transmission  and 
receipt  of  messages,  except  as  may  be  regulated  by  law 
or  international  agreement,  shall  be  under  the  control  of 
the  master,  in  the  case  of  a  vessel  of  the  United  States; 
and  every  willful  failure  on  the  part  of  the  master  to  en- 
force at  sea  the  provisions  of  this  paragraph  as  to  equip- 
ment, operators,  and  watches  shall  subject  him  to  a 
penalty  of  one  hundred  dollars. 

The  provisions  of  this  section  shall  not  apply  to  steam- 
ers plying  between  ports,  or  places,  less  than  two  hundred 
miles  apart. 

This  Act,  so  far  as  it  relates  to  the  Great  Lakes,  shall 
take  effect  on  and  after  April  first,  nineteen  hundred  and 
thirteen,  and  so  far  as  it  relates  to  ocean  cargo  steamers 
shall  take  effect  on  and  after  July  first,  nineteen  hundred 
and  thirteen:  Provided,  That  on  cargo  steamers,  in  lieu 
of  the  second  operator  provided  for  in  this  Act,  there  may 
be  substituted  a  member  of  the  crew  or  other  person  who 

426 


July  23,  10i: 
Sec'.  2. 


June  24,  1910. 
Sec.  2. 


PART   XXXVTTI.— RADIO    COMMUNICATION.  42' 

shall  be  duly  certified  and  entered  in  the  ship's  log  as 
competent  to  receive  and  understand  distress  calls  or 
other  usual  calls  indicating  danger,  and  to  aid  in  main- 
taining a  constant  wireless  watch  so  far  as  required  for 
the  safety  of  life. 

For  the  purpose  of  this  Act  apparatus  for  radio-com- 
munication shall  not  be  deemed  to  be  efficient  unless  the 
company  installing  it  shall  contract  in  writing  to  ex- 
change, and  shall,  in  fact,  exchange,  as  far  as  may  be 
physically  practicable,  to  be  determined  by  the  master 
of  the  vessel,  messages  with  shore  or  ship  stations  using 
other  systems  of  radio-communication. 

The  master  or  other  person  being  in  charge  of  any 
such  vessel  which  leaves  or  attempts  to  leave  any  port 
of  the  United  States  in  violation  of  any  of  the  provisions 
of  this  Act  shall,  upon  conviction,  be  fined  in  a  sum  not 
more  than  five  thousand  dollars,  and  any  such  fine  shall 
be  a  lien  upon  such  vessel,  and  such  vessel  may  be  libeled 
therefor  in  any  district  court  of  the  United  States  within 
the  jurisdiction  of  which  such  vessel  shall  arrive  or 
depart,  and  the  leaving  or  attempting  to  leave  each  and 
every  port  of  the  United  States  shall  constitute  a  separate 
offense. 

The  Secretary  of  Commerce  shall  make  such  regula- 
tions as  may  be  necessary  to  secure  the  proper  execution 
of  this  Act  by  collectors  of  customs  and  other  officers  of 
the  Government. 

407.  Enforcement    of    wireless-communication    laws,    treaties, 

and  conventions. 

To  enable  the  Secretary  of  Commerce  to  enforce  the 
Acts  of  Congress  "  to  require  apparatus  and  operators  for 
radio  communication  on  certain  ocean  steamers  "  and  "  to 
regulate  radio  communication  "  and  carry  out  the  inter- 
national radio  telegraphic  convention,  and  to  employ  such 
persons  and  means  as  may  be  necessary,  this  employment 
to  include  salaries  of  employees  in  Washington  not  exceed- 
ing $7,150,  traveling  and  subsistence  expenses,  purchase 
and  exchange  of  instruments,  technical  books,  rent,  and 
all  other  miscellaneous  items  and  necessary  expenses  not 
included  in  the  foregoing,  $45,000. 

408.  Regulation  of  radio  communication. 
A  person,  company,  or  corporation  within  the  jurisdic- 
tion of  the  United  States  shall  not  use  or  operate  any 
apparatus  for  radio  communication  as  a  means  of  com- 
mercial intercourse  among  the  several  States,  or  with 
foreign  nations,  or  upon  any  vessel  of  the  United  States 
engaged  in  interstate  or  foreign  commerce,  or  for  the 
transmission  of  radiograms  or  signals  the  effect  of  which 
extends  beyond  the  jurisdiction  of  the  State  or  Territory 
in  which  the  same  are  made,  or  where  interference  would 
be  caused  thereby  with  the  receipt  of  messages  or  signals 


Afar.  4,  1915. 


428  NAVTOATTON    LAWS    OF    THE    UNITED    STATER. 

from  beyond  the  jurisdiction  of  the  said  State  or  Terri- 
tory, except  under  and  in  accordance  with  a  license,  rev- 
ocable for  cause,  in  that  behalf  granted  by  the  Secretary 
of  Commerce  upon  application  therefor;  but  nothing  in 
this  Act  shall  be  construed  to  apply  to  the  transmission 
and  exchange  of  radiograms  or  signals  between  points 
situated  in  the  same  State :  Provided,  That  the  effect 
thereof  shall  not  extend  beyond  the  jurisdiction  of  the 
said  State  or  interfere  with  the  reception  of  radiograms 
or  signals  from  beyond  said  jurisdiction;  and  a  license 
shall  not  be  required  for  the  transmission  or  exchange 
of  radiograms  or  signals  by  or  on  behalf  of  the  Govern- 
ment of  the  United  States,  but  every  Government  station 
on  land  or  sea  shall  have  special  call  letters  designated 
and  published  in  the  list  of  radio  stations  of  the  United 
States  by  the  Department  of  Commerce.  Any  person, 
company,  or  corporation  that  shall  use  or  operate  any 
apparatus  for  radio  communication  in  violation  of  this 
section,  or  knowingly  aid  or  abet  another  person,  com- 
pany, or  corporation  in  so  doing,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  shall  be  pun- 
ished by  a  fine  not  exceeding  five  hundred  dollars,  and 
the  apparatus  or  device  so  unlawfully  used  and  operated 
may  be  adjudged  forfeited  to  the  United  States, 
sec.  2.  Every  such  license  shall  be  in  such  form  as  the  Secre- 

tary of  Commerce  shall  determine  and  shall  contain  the 
restrictions,  pursuant  to  this  Act,  on  and  subject  to  which 
the  license  is  granted ;  that  every  such  license  shall  be  is- 
sued only  to  citizens  of  the  United  States  or  Porto  Kico 
or  to  a  company  incorporated  under  the  laws  of  some 
State  or  Territory  or  of  the  United  States  or  Porto  Rico, 
and  shall  specify  the  ownership  and  location  of  the  sta- 
tion in  which  said  apparatus  shall  be  used  and  other  par- 
ticulars for  its  identification  and  to  enable  its  range  to 
be  estimated;  shall  state  the  purpose  of  the  station,  and, 
in  case  of  a  station  in  actual  operation  at  the  date  of 
passage  of  this  Act,  shall  contain  the  statement  that  satis- 
factory proof  has  been  furnished  that  it  was  actually 
operating  on  the  above-mentioned  date;  shall  state  the 
wave  length  or  the  wave  lengths  authorized  for  use  by 
the  station  for  the  prevention  of  interference  and  the 
hours  for  which  the  station  is  licensed  for  work;  and 
shall  not  be  construed  to  authorize  the  use  of  any  appa- 
ratus for  radio  communication  in  any  other  station  than 
that  specified.  Every  such  license  shall  be  subject  to  the 
regulations  contained  herein,  and  such  regulations  as 
may  be  established  from  time  to  time  by  authority  of  this 
Act  or  subsequent  Acts  and  treaties  of  the  United  States. 
Every  such  license  shall  provide  that  the  President  of  the 
United  States  in  time  of  war  or  public  peril  or  disaster 
may  cause  the  closing  of  any  station  for  radio  communica- 
tion and  the  removal  therefrom  of  all  radio  apparatus,  or 
may  authorize  the  use  or  control  of  any  such  station  or 
apparatus  by  any  department  of  the  Government,  upon 
just  compensation  to  the  owners. 


PART   XXXVEtt. — RADIO   COMMUNICATION.  429 

Every  such  apparatus  shall  at  all  times  while  in  use  and  Sec- 3- 
operation  as  aforesaid  be  in  charge  or  under  the  super- 
vision of  a  person  or  persons  licensed  for  that  purpose  by 
the  Secretary  of  Commerce.  Every  person  so  licensed 
who  in  the  operation  of  any  radio  apparatus  shall  fail 
to  observe  and  obey  regulations  contained  in  or  made 
pursuant  to  this  Act  or  subsequent  xYcts  or  treaties  of 
the  United  States,  or  any  one  of  them,  or  who  shall  fail 
to  enforce  obedience  thereto  by  an  unlicensed  person  while 
serving  under  his  supervision,  in  addition  to  the  punish- 
ments and  penalties  herein  prescribed,  may  suffer  the  sus- 
pension of  the  said  license  for  a  period  to  be  fixed  by  the 
Secretary  of  Commerce  not  exceeding  one  year.  It  shall 
be  unlawful  to  employ  any  unlicensed  person  or  for  any 
unlicensed  person  to  serve  in  charge  or  in  supervision  of 
the  use  and  operation  of  such  apparatus,  and  any  person 
violating  this  provision  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  punished  by  a  fine  of 
not  more  than  one  hundred  dollars  or  imprisonment  for 
not  more  than  two  months,  or  both,  in  the  discretion  of 
the  court,  for  each  and  every  such  offense :  Provided,  That 
in  case  of  emergency  the  Secretary  of  Commerce  may  au- 
thorize a  collector  of  customs  to  issue  a  temporary  permit, 
in  lieu  of  a  license,  to  the  operator  on  a  vessel  subject  to 
the  radio  ship  Act  of  June  twenty-fourth,  nineteen  hun- 
dred and  ten. 

For  the  purpose  of  preventing  or  minimizing  inter-  sec.  4. 
ference  with  communication  between  stations  in  which 
such  apparatus  is  operated,  to  facilitate  radio  communi- 
cation, and  to  further  the  prompt  receipt  of  distress  sig- 
nals, said  private  and  commercial  stations  shall  be  sub- 
ject to  the  regulations  of  this  section.  These  regulations 
shall  be  enforced  by  the  Secretary  of  Commerce  through 
the  collectors  of  customs  and  other  officers  of  the  Gov- 
ernment as  other  regulations  herein  provided  for. 

The  Secretary  of  Commerce  may,  in  his  discretion, 
Avaive  the  provisions  of  any  or  all  of  these  regulations 
when  no  interference  of  the  character  above  mentioned 
can  ensue. 

The  Secretary  of  Commerce  may  grant  special  tem- 
porary licenses  to  stations  actually  engaged  in  conduct- 
ing experiments  for  the  development  of  the  science  of 
radio  communication,  or  the  apparatus  pertaining  thereto, 
to  carry  on  special  tests,  using  any  amount  of  power  or 
any  wave  lengths,  at  such  hours  and  under  such  condi- 
tions as  will  insure  the  least  interference  with  the  send- 
ing or  receipt  of  commercial  or  Government  radiograms, 
of  distress  signals  and  radiograms,  or  with  the  work  of 
other  stations. 

In  these  regulations  the  naval  and  military  stations 
shall  be  understood  to  be  stations  on  land. 


430  navigation  laws  of  the  united  states. 

Regulations. 

NORMAL  WAVE  LENGTH. 

First.  Every  station  shall  be  required  to  designate  a 
certain  definite  wave  length  as  the  normal  sending  and 
receiving  wave  length  of  the  station.  This  wave  length 
shall  not  exceed  six  hundred  meters  or  it  shall  exceed 
one  thousand  six  hundred  meters.  Every  coastal  sta- 
tion open  to  general  public  service  shall  at  all  time  be 
ready  to  receive  messages  of  such  wave  lengths  as  are 
required  by  the  Berlin  convention.  Every  ship  station, 
except  as  hereinafter  provided,  and  every  coast  station 
open  to  general  public  service  shall  be  prepared  to  use 
two  sending  wave  lengths,  one  of  three  hundred  meters 
and  one  of  six  hundred  meters,  as  required  by  the  inter- 
national convention  in  force:  Provided,  That  the  Secre- 
tary of  Commerce  may,  in  his  discretion,  change  the 
limit  of  wave  length  reservation  made  by  regulations  first 
and  second  to  accord  with  any  international  agreement 
to  which  the  United  States  is  a  party. 

OTHER   WAVE   LENGTHS. 

Second.  In  addition  to  the  normal  sending  wave  length 
all  stations,  except  as  provided  hereinafter  in  these  regu- 
lations, may  use  other  sending  wave  lengths:  Provided, 
That  they  do  not  exceed  six  hundred  meters  or  that  they 
do  exceed  one  thousand  six  hundred  meters:  Provided 
further,  That  the  character  of  the  waves  emitted  con- 
forms to  the  requirements  of  regulations  third  and  fourth 
following. 

USE  OF  A  "  PURE  WAVE." 

Third.  At  all  stations  if  the  sending  apparatus,  to  be 
referred  to  hereinafter  as  the  "  transmitter,"  is  of  such 
a  character  that  the  energy  is  radiated  in  two  or  more 
wave  lengths,  more  or  less  sharply  defined,  as  indicated 
by  a  sensitive  wave  meter,  the  energy  in  no  one  of  the 
lesser  Avaves  shall  exceed  ten  per  centum  of  that  in  the 
greatest. 

USE  OF   A  "  SHARP  WAVE." 

Fourth.  At  all  stations  the  logarithmic  decrement  per 
complete  oscillation  in  the  wave  trains  emitted  by  the 
transmitter  shall  not  exceed  two-tenths,  except  when 
sending  distress  signals  or  signals  and  messages  relating 
thereto. 

USE  OF  "  STANDARD  DISTRESS  WAVE." 

Fifth.  Every  station  on  shipboard  shall  be  prepared  to 
send  distress  calls  on  the  normal  wave  length  designated 
by  the  international  convention  in  force,  except  on  vessels 
of  small  tonnage  unable  to  have  plants  insuring  that 
wave  length. 


PART  XXXVIII. RADIO   COMMUNICATION.  431 

SIGNAL  OF  DISTRESS. 

Sixth.  The  distress  call  used  shall  be  the  international 
signal  of  distress     ...     —     —     —     ... 

USE  OF  "BROAD  INTERFERING   WAVE "    FOR   DISTRESS  SIGNALS. 

Seventh.  When  sending  distress  signals,  the  transmit- 
ter of  a  station  on  shipboard  may  be  tuned  in  such  a 
manner  as  to  create  a  maximum  of  interference  with  a 
maximum  of  radiation. 

DISTANCE  REQUIREMENT  FOR  DISTRESS   SIGNALS. 

Eighth.  Every  station  on  shipboard,  wherever  prac-  • 
ticable,  shall  be  prepared  to  send  distress  signals  of  the 
character  specified  in  regulations  fifth  and  sixth  with 
sufficient  power  to  enable  them  to  be  received  by  day  oyer 
sea  a  distance  of  one  hundred  nautical  miles  by  a  ship- 
board station  equipped  with  apparatus  for  both  sending 
and  receiving  equal  in  all  essential  particulars  to  that  of 
the  station  first  mentioned. 

"  RIGHT   OF    AVAY "    FOR  DISTRESS    SIGNALS. 

Ninth.  All  stations  are  required  to  give  absolute  pri- 
ority to  signals  and  radiograms  relating  to  ships  in  dis- 
tress; to  cease  all  sending  on  hearing  a  distress  signal; 
and,  except  when  engaged  in  answering  or  aiding  the 
ship  in  distress,  to  refrain  from  sending  until  all  signals 
and  radiograms  relating  thereto  are  completed. 

REDUCED    POWER   FOR    SHIPS    NEAR    A    GOVERNMENT    STATION. 

Tenth.  No  station  on  shipboard,  when  within  fifteen 
nautical  miles  of  a  naval  or  military  station,  shall  use  a 
transformer  input  exceeding  one  kilowatt,  nor,  when 
within  five  nautical  miles  of  such  a  station,  a  transformer 
input  exceeding  one-half  kilowatt,  except  for  sending  sig- 
nals of  distress,  or  signals  or  radiograms  relating  thereto. 

INTERCOMMUNICATION. 

Eleventh.  Each  shore  station  open  to  general  public 
service  between  the  coast  and  vessels  at  sea  shall  be  bound 
to  exchange  radiograms  with  any  similar  shore  station 
and  with  any  ship  station  without  distinction  of  the  radio 
systems  adopted  by  such  stations,  respectively,  and  each 
station  on  shipboard  shall  be  bound  to  exchange  radio- 
grams with  any  other  station  on  shipboard  without  dis- 
tinction of  the  radio  systems  adopted  by  each  station, 
respectively. 


432  NAVIGATION    LAWS   OF   THE   UNITED  STATES. 

It  shall  be  the  duty  of  each  such  shore  station,  during 
the  hours  it  is  in  operation,  to  listen  in  at  intervals  of 
not  less  than  fifteen  minutes  and  for  a  period  not  less 
than  two  minutes,  with  the  receiver  tuned  to  receive 
messages  of  three  hundred  meter  wave  lengths. 

DIVISION    OF    TIME. 

Twelfth.  At  important  seaports  and  at  all  other  places1 
where  naval  or  military  and  private  or  commercial  shore 
stations  operate  in  such  close  proximity  that  interference 
with  the  work  of  naval  and  military  stations  can  not  be 
avoided  by  the  enforcement  of  the  regulations  contained 
in  the  foregoing  regulations  concerning  wave  lengths  and 
•  character  of  signals  emitted,  such  private  or  commercial 
shore  stations  as  do  interfere  with  the  reception  of  sig- 
nals by  the  naval  and  military  stations  concerned  shall 
not  use  their  transmitters  during  the  first  fifteen  minutes 
of  each  hour,  local  standard  time.  The  Secretary  of 
Commerce  may,  on  the  recommendation  of  the  depart- 
ment concerned,  designate  the  station  or  stations  which 
may  be  required  to  observe  this  division  of  time. 

GOVERNMENT  STATIONS  TO  OBSERVE  DIVISION  OF  TIME. 

Thirteenth.  The  naval  or  military  stations  for  which 
the  above-mentioned  division  of  time  may  be  established 
shall  transmit  signals  or  radiograms  only  during  the  first 
fifteen  minutes  of  each  hour,  local  standard  time,  except 
in  case  of  signals  or  radiograms  relating  to  vessels  in  dis- 
tress, as  hereinbefore  provided. 

USE  OF  UNNECESSARY  POWER. 

Fourteenth.  In  all  circumstances,  except  in  case  of  sig- 
nals or  radiograms  relating  to  vessels  in  distress,  all 
stations  shall  use  the  minimum  amount  of  energy  neces- 
sary to  carry  out  any  communication  desired. 

GENERAL  RESTRICTIONS  ON  PRIVATE  STATIONS. 

Fifteenth.  No  private  or  commercial  station  not  en- 
gaged in  the  transaction  of  bona  fide  commercial  business 
by  radio  communication  or  in  experimentation  in  connec- 
tion with  the  development  and  manufacture  of  radio 
apparatus  for  commercial  purposes  shall  use  a  transmit- 
ting wave  length  exceeding  two  hundred  meters,  or  a 
transformer  input  exceeding  one  kilowatt,  except  by  spe- 
cial authority  of  the  Secretary  of  Commerce  contained 
in  the  license  of  the  station:  Provided,  That  the  owner, 
or  operator  of  a  station  of  the  character  mentioned  in 
this  regulation  shall  not  be  liable  for  a  violation  of  the 
requirements  of  the  third  or  fourth  regulations  to  the 


PART   XXXVIII. EADIO    COMMUNICATION.  433 

penalties  of  one  hundred  dollars  or  twenty-five  dollars, 
respectively,  provided  in  this  section  unless  the  person 
maintaining  or  operating  such  station  shall  have  been 
notified  in  writing  that  the  said  transmitter  has  been 
found,  upon  tests  conducted  by  the  Government,  to  be  so 
adjusted  as  to  violate  the  said  third  and  fourth  regula- 
tions, and  opportunity  has  been  given  to  said  owner  or 
operator  to  adjust  said  transmitter  in  conformity  with 
said  regulations. 

SPECIAL    RESTRICTIONS    IN    THE    VICINITIES    OF    GOVERNMENT 
STATIONS. 

Sixteenth.  No  station  of  the  character  mentioned  in 
regulation  fifteenth  situated  within  five  nautical  miles  of 
a  naval  or  military  station  shall  use  a  transmitting  wave 
length  exceeding  two  hundred  meters  or  a  transformer 
input  exceeding  one-half  kilowatt. 

SHIP  STATIONS  TO  COMMUNICATE  WITH  NEAREST  SHORE 
STATIONS. 

Seventeenth.  In  general,  the  shipboard  stations  shall 
transmit  their  radiograms  to  the  nearest  shore  station.  A 
sender  on  board  a  vessel  shall,  however,  have  the  right  to 
designate  the  shore  station  through  which  he  desires  to 
have  his  radiograms  transmitted.  If  this  can  not  be  done, 
the  wishes  of  the  sender  are  to  be  complied  with  only  if 
the  transmission  can  be  effected  without  interfering  with 
the  service  of  other  stations. 

LIMITATIONS  FOR  FUTURE   INSTALLATIONS   IN    VICINITIES   OF 
GOVERNMENT   STATIONS. 

Eighteenth.  No  station  on  shore  not  in  actual  opera- 
tion at  the  date  of  the  passage  of  this  Act  shall  be  licensed 
for  the  transaction  of  commercial  business  by  radio  com- 
munication within  fifteen  nautical  miles  of  the  following 
naval  or  military  stations,  to  wit:  Arlington,  Virginia; 
Key  West,  Florida ;  San  Juan,  Porto  Rico ;  North  Head 
and  Tatoosh  Island,  Washington ;  San  Diego,  California ; 
and  those  established  or  which  may  be  established  in 
Alaska  and  in  the  Canal  Zone;  and  the  head  of  the  de- 
partment having  control  of  such  Government  stations 
shall,  so  far  as  is  consistent  with  the  transaction  of  gov- 
ernmental business,  arrange  for  the  transmission  and 
receipt  of  commercial  radiograms  under  the  provisions 
of  the  Berlin  convention  of  nineteen  hundred  and  six  and 
future  international  conventions  or  treaties  to  which  the 
United  States  may  be  a  party,  at  each  of  the  stations 
above  referred  to,  and  shall  fix  the  rates  therefor,  sub- 
143562°— 19 28 


434  NAVIGATION    LAWS    OF    THE    UNITED   STATES. 

ject  to  control  of  such  rates  by  Congress.  At  such  sta- 
tions and  wherever  and  whenever  shore  stations  open  for 
general  public  business  between  the  coast  and  vessels 
at  sea  under  the  provisions  of  the  Berlin  convention  of 
nineteen  hundred  and  six  and  future  international  con- 
ventions and  treaties  to  which  the  United  States  may  be 
a  party  shall  not  be  so  established  as  to  insure  a  constant 
service  day  and  night  without  interruption,  and  in  all 
localities  wherever  or  whenever  such  service  shall  not  be 
maintained  by  a  commercial  shore  station  within  one 
hundred  nautical  miles  of  a  naval  radio  station,  the  Sec- 
retary of  the  Navy  shall,  so  far  as  is  consistent  with  the 
transaction  of  governmental  business,  open  naval  radio 
stations  to  the  general  public  business  described  above, 
and  shall  fix  rates  for  such  service,  subject  to  control  of 
such  rates  by  Congress.  The  receipts  from  such  radio- 
grams shall  be  covered  into  the  Treasury  as  miscellaneous 
receipts. 

SECRECY  OF   MESSAGES. 

Nineteenth.  No  person  or  persons  engaged  in  or  having 
knowledge  of  the  operation  of  any  station  or  stations, 
shall  divulge  or  publish  the  contents  of  any  messages 
transmitted  or  received  by  such  station,  except  to  the 
person  or  persons  to  whom  the  same  may  be  directed,  or 
their  authorized  agent,  or  to  another  station  employed 
to  forward  such  message  to  its  destination,  unless  legally 
required  so  to  do  by  the  court  of  competent  jurisdiction 
or  other  competent  authority.  Any  person  guilty  of 
divulging  or  publishing  any  message,  except  as  herein 
provided,  shall,  on  conviction  thereof,  be  punishable  by  a 
fine  of  not  more  than  two  hundred  and  fifty  dollars  or 
imprisonment  for  a  period  of  not  exceeding  three  months, 
or  both  fine  and  imprisonment,  in  the  discretion  of  the 
court. 

PENALTIES. 

For  violation  of  any  of  these  regulations,  subject  to 
which  a  license  under  sections  one  and  two  of  this  Act 
may  be  issued,  the  owner  of  the  apparatus  shall  be  liable 
to  a  penalty  of  one  hundred  dollars,  which  may  be  re- 
duced or  remitted  by  the  Secretary  of  Commerce,  and  for 
repeated  violations  of  any  of  such  regulations,  the  license 
may  be  revoked. 

For  violation  of  any  of  these  regulations,  except  as  pro- 
vided in  regulation  nineteenth,  subject  to  which  a  license 
under  section  three  of  this  Act  may  be  issued,  the  oper- 
ator shall  be  subject  to  a  penalty  of  twenty-five  dollars, 
which  may  be  reduced  or  remitted  by  the  Secretary  of 
Commerce,  and  for  repeated  violations  of  any  such  regu- 
lations, the  license  shall  be  suspended  or  revoked. 
Sec-  5-  Every  license  granted  under  the  provisions  of  this  Act 

for  the  operation  or  use  of  apparatus  for  radio  communi- 


PART   XXXVIII. RADIO    COMMUNICATION.  435 

cation  shall  prescribe  that  the  operator  thereof  shall  not 
willfully  or  maliciously  interfere  with  any  other  radio 
communication.  Such  interference  shall  be  deemed  a 
misdemeanor,  and  upon  conviction  thereof  the  owner  or 
operator,  or  both,  shall  be  punishable  by  a  fine  of  not  to 
exceed  five  hundred  dollars  or  imprisonment  for  not  to 
exceed  one  year,  or  both. 

The  expression  "  radio  communication "  as  used  in 
this  Act  means  any  system  of  electrical  communication 
by  telegraphy  or  telephony  without  the  aid  of  any  wire 
connecting  the  points  from  and  at  which  the  radiograms, 
signals,  or  other  communications  are  sent  or  received. 

A  person,  company,  or  corporation  within  the  juris-  Sec-7- 
diction  of  the  United  States  shall  not  knowingly  utter 
or  transmit,  or  cause  to  be  uttered  or  transmitted,  any 
false  or  fraudulent  distress  signal  or  call  or  false  or 
fraudulent  signal,  call,  or  other  radiogram  of  any  kind. 
The  penalty  for  so  uttering  or  transmitting  a  false  or 
fraudulent  distress  signal  or  call  shall  be  a  fine  of  not 
more  than  two  thousand  five  hundred  dollars  or  impris- 
onment for  not  more  than  five  years,  or  both,  in  the 
discretion  of  the  court,  for  each  and  every  such  offense, 
and  the  penalty  for  so  uttering  or  transmitting,  or  caus- 
ing to  be  uttered  or  transmitted,  any  other  false  or  fraud- 
ulent signal,  call,  or  other  radiogram  shall  be  a  fine  of 
not  more  than  one  thousand  dollars  or  imprisonment  for 
not  more  than  two  years,  or  both,  in  the  discretion  of  the 
court,  for  each  and  every  such  offense. 

A  person,  company,  or  corporation  shall  not  use  or  e 
operate  any  apparatus  for  radio  communication  on  a 
foreign  ship  in  territorial  waters  of  the  United  States 
otherwise  than  in  accordance  with  the  provisions  of  sec- 
tions four  and  seven  of  this  Act  and  so  much  of  section 
five  as  imposes  a  penalty  for  interference.  Save  as  afore- 
said, nothing  in  this  Act  shall  apply  to  apparatus  for 
radio  communication  on  any  foreign  ship. 

The  trial  of  any  offense  under  this  Act  shall  be  in  the  Sec' 9' 
district  in  which  it  is  committed,  or  if  the  offense  is  com- 
mitted upon  the  high  seas  or  out  of  the  jurisdiction  of 
any  particular  State  or  district  the  trial  shall  be  in  the 
district  where  the  offender  may  be  found  or  into  which  he 
shall  be  first  brought. 

This  Act  shall  not  apply  to  the  Philippine  Islands.  spc.  10. 

This  Act  shall  take  effect  and  be  in  force  on  and  after  Sec- 11- 
four  months  from  its  passage.  Mar  4  t 

For  the  share  of  the  United  States  for  the  calendar 
year  1920,  as  a  party  to  the  international  radiotelegraphic 
conventions  heretofore  signed,  of  the  expenses  of  the 
radiotelegraphic  service  of  the  International  Bureau  of 
the  Telegraphic  Union  at  Berne,  Switzerland,  $2,250. 


Part  XXXIX.— OFFENSES  AGAINST  NEUTRALITY. 


409.    Offenses  against  neutrality. 


409  (a).   Enforcement  of  neutrality. 


Mar.   4,    1909. 
Sec.   9. 

Repeals  R.    S. 
5281. 


Sec.   10. 
Repeals 
5282. 

May  7,  1917. 


R.  S. 


Sec.  11, 
Repeals  R. 
5283. 


409.   Offenses  against  neutrality. 

Every  citizen  of  the  United  States  who,  within  the 
territory  or  jurisdiction  thereof,  accepts  and  exercises  a 
commission  to  serve  a  foreign  prince,  state,  colony,  dis- 
trict, or  people,  in  war,  by  land  or  by  sea,  against  any 
prince,  state,  colony,  district,  or  people,  with  whom  the 
United  States  are  at  peace,  shall  be  fined  not  more  than 
two  thousand  dollars  and  imprisoned  not  more  than  three 
years. 

Whoever,  within  the  territory  or  jurisdiction  of  the 
United  States,  enlists  or  enters  himself,  or  hires  or  re- 
tains another  person  to  enlist  or  enter  himself,  or  to 
go  beyond  the  limits  or  jurisdiction  of  the  United  States 
with  intent  to  be  enlisted  or  entered  in  the  service  of 
any  foreign  prince,  State,  colony,  district,  or  people  as 
a  soldier  or  as  a  marine  or  seaman  on  board  of  any  vessel 
of  war,  letter  of  marque,  or  privateer  shall  be  fined  not 
more  than  $1,000  and  imprisoned  not  more  than  three 
years:  Provided,  That  this  section  shall  not  apply  to 
citizens  or  subjects  of  any  country  engaged  in  war  with 
a  country  with  which  the  United  States  is  at  war,  unless 
such  citizen  or  subject  of  such  foreign  country  shall  hire 
or  solicit  a  citizen  of  the  United  States  to  enlist  or  go 
beyond  the  jurisdiction  of  the  United  States  with  intent 
to  enlist  or  enter  the  service  of  a  foreign  country.  En- 
listments under  this  proviso  shall  be  under  regulations 
prescribed  by  the  Secretary  of  War. 

Whoever,  within  the  territory  or  jurisdiction  of  the 
'United  States,  fits  out  and  arms,  or  attempts  to  fit  out 
and  arm,  or  procures  to  be  fitted  out  and  armed,  or  know- 
ingly is  concerned  in  the  furnishing,  fitting  out,  or  arm- 
ing of  any  vessel,  with  intent  that  such  vessel  shall  be  em- 
ployed in  the  service  of  any  foreign  prince  or  state,  or  of 
any  colony,  district,  or  people,  to  cruise  or  commit  hostili- 
ties against  the  subjects,  citizens,  or  property  of  any  for- 
eign prince  or  state,  or  of  any  colony,  district,  or  people, 
with  whom  the  United  States  are  at  peace,  or  whoever 
issues  or  delivers  a  commission  within  the  territory  or 
jurisdiction  of  the  United  States  for  any  vessel,  to  the  in- 
tent that  she  may  be  so  employed,  shall  be  fined  not  more 
than  ten  thousand  dollars  and  imprisoned  not  more  than 
three  years.  And  every  such  vessel,  her  tackle,  apparel, 
and  furniture,  together  with  all  materials,  arms,  ammuni- 
tion, and  stores  which  may  have  been  procured  for  the 


436 


PART   XXXIX. OFFENSES   AGAINST   NEUTRALITY.  437 

building  and  equipment  thereof,  shall  be  forfeited;  one 
half  to  the  use  of  the  informer  and  the  other  half  to  tho 
use  of  the  United  States. 

Whoever,  being  a  citizen  of  the  United  States,  without  l^p^R.  s., 
the  limits  thereof,  fits  out  and  arms,  or  attempts  to  fit  out  5284. 
and  arm,  or  procures  to  be  fitted  out  and  armed,  or  know- 
ingly aids  or  is  concerned  in  furnishing,  fitting  out,  or 
arming,  any  private  vessel  of  war  or  privateer,  with  intent 
that  such  vessel  shall  be  employed  to  cruise  or  commit 
hostilities  upon  the  citizens  of  the  United  States,  or  their 
property,  or  whoever  takes  the  command  of  or  enters  on 
board  of  any  such  vessel,  for  such  intent,  or  who  purchases 
any  interest  in  any  such  vessel  with  a  view  to  share  in  the 
profits  thereof,  shall  be  fined  not  more  than  ten  thousand 
dollars  and  imprisoned  not  more  than  ten  years.  The 
trial  for  such  offense,  if  committed  without  the  limits  of 
the  United  States,  shall  be  in  the  district  in  which  the 
offender  shall  be  apprehended  or  first  brought. 

Whoever,  within  the  territory  or  jurisdiction  of  the  ^J^  R.  S-> 
United  States,  increases  or  augments,  or  procures  to  5285. 
be  increased  or  augmented,  or  knowingly  is  concerned 
in  increasing  or  augmenting,  the  force  of  any  ship  of 
war,  cruiser,  or  other  armed  vessel  which,  at  the  time  of 
her  arrival  within  the  United  States,  was  a  ship  of  war, 
or  cruiser,  or  armed  vessel,  in  the  service  of  any  foreign 
prince  or  state,  or  of  any  colony,  district,  or  people,  or 
belonging  to  the  subjects  or  citizens  of  any  such  prince 
or  state,  colony,  district,  or  people,  the  same  being  at  war 
with  any  foreign  prince  or  state,  or  of  any  colony,  dis- 
trict, or  people,  with  whom  the  United  States  are  at 
peace,  by  adding  to  the  number  of  the  guns  of  such  ves- 
sel, or  by  changing  those  on  board  of  her  for  guns  of  a 
larger  caliber,  or  by  adding  thereto  any  equipment  solely 
applicable  to  war,  shall  be  fined  not  more  than  one  thou- 
sand dollars  and  imprisoned  not  more  than  one  year. 

Whoever,  within  the  territory  or  jurisdiction  of  the  Reec-Jj3s-  R  s 
United  States,  begins,  or  sets  on  foot,  or  provides  or  5286epea  s 
prepares  the  means  for,  any  military  expedition  or  en- 
terprise, to  be  carried  on  from  thence  against  the  terri- 
tory or  dominions  of  any  foreign  prince  or  state,  or  of 
any  colony,  district,  or  people,  with  whom  the  United 
States  are  at  peace,  shall  be  fined  not  more  than  three 
thousand  dollars  and  imprisoned  not  more  than  three 
years. 

The  district  courts  shall  take  cognizance  of  all  com-  RecJ,4s  R  s 
plaints,  by  whomsoever  instituted,  in  cases  of  captures  5287. 
made  within  the  waters  of  the  United  States,  or  within 
a  marine  league  of  the  coasts  or  shores  thereof.  In 
every  case  in  which  a  vessel  is  fitted  out  and  armed, 
or  attempted  to  be  fitted  out  and  armed,  or  in  which 
the  force  of  any  vessel  of  war,  cruiser,  or  other  armed 
vessel  is  increased  or  augmented,  or  in  which  any  mili- 
tary expedition  or  enterprise  is  begun  or  set  on  foot. 


438  NAVIGATION   LAWS   OF    THE    UNITED   STATES. 

contrary  to  the  provisions  and  prohibitions  of  this 
chapter;  and  in  every  case  of  the  capture  of  a  vessel 
within  the  jurisdiction  or  protection  of  the  United  States 
as  before  denned;  and  in  every  case  in  which  any  proc- 
ess issuing  out  of  any  court  of  the  United  States  is  dis- 
obeyed or  resisted  by  any  person  having  the  custody  of 
any  vessel  of  war,  cruiser,  or  other  armed  vessel  of  any 
foreign  prince  or  state,  or  of  any  colony,  district,  or 
people,  or  of  any  subjects  or  citizens  of  any  foreign 
prince  or  state,  or  of  any  colony,  district,  or  people,  it 
shall  be  lawful  for  the  President,  or  such  other  person 
as  he  shall  have  empowered  for  that  purpose,  to  employ 
such  part  of  the  land  or  naval  forces  of  the  United  States, 
or  of  the  militia  thereof,  for  the  purpose  of  taking  pos- 
session of  and  detaining  any  such  vessel,  with  her  prizes, 
if  any,  in  order  to  enforce  the  execution  of  the  prohibi- 
tions and  penalties  of  this  chapter,  and  the  restoring  of 
such  prizes  in  the  cases  in  which  restoration  shall  be  ad- 
judged ;  and  also  for  the  purpose  of  preventing  the  carry- 
ing on  of  any  such  expedition  or  enterprise  from  the  ter- 
ritory or  jurisdiction  of  the  United  States  against  the 
territory  or  dominion  of  any  foreign  prince  or  state,  or  of 
any  colony,  district,  or  people  with  whom  the  United 
States  are  at  peace. 
funeMmv.  It  shall  be  lawful  for  the  President  to  employ  such 
Title  v,  sec.part  Qf  tiie  janc|  or  navai  forces  of  the  United  States, 
or  of  the  militia  thereof,  as  he  may  deem  necessary  to 
compel  any  foreign  vessel  to  depart  from  the  United 
States  or  any  of  its  possessions  in  all  cases  in  which, 
by  the  law  of  nations  or  the  treaties  of  the  United  States 
it  ought  not  to  remain,  and  to  detain  or  prevent  any 
foreign  vessel  from  so  departing  in  all  cases  in  which, 
by  the  law  of  nations  or  the  treaties  of  the  United  States, 
it  is  not  entitled  to  depart, 
sec.  i6.  The  owners  or  consignees  of  every  armed  vessel  sailing 

^Repeals  R.  S.,  ^    ^    ^    ^^    Q^    Qr    under    the    jurisc[ictioil    of,    the 

United  States,  belonging  wholly  or  in  part  to  citizens 
thereof,  shall,  before  clearing  out  the  same,  give  bond  to 
the  United  States,  with  sufficient  sureties,  in  double  the 
amount  of  the  value  of  the  vessel  and  cargo  on  board,  in- 
cluding her  armament,  conditioned  that  the  vessel  shall 
not  be  employed  by  such  owners  to  cruise  or  commit  hos- 
tilities against  the  subjects,  citizens,  or  property  of  any 
foreign  prince  or  state,  or  of  any  colony,  district,  or  peo- 
ple, with  whom  the  United  States  are  at  peace. 
Repelil"  r.  s.,  The  several  collectors  of  the  customs  shall  detain  any 
6290.  vessel  manifestly  built  for  warlike  purposes,  and  about 

to  depart  the  United  States,  or  any  place  subject  to  the 
jurisdiction  thereof,  the  cargo  of  which  principally  con- 
sists of  arms  and  munitions  of  war,  when  the  number  of 
men  shipped  on  board,  or  other  circumstances,  render  it 
probable  that  such  vessel  is  intended  to  be  employed  by 
the  owners  to  cruise  or  commit  hostilities  upon  the  sub- 


PART    XXXIX. — OFFENSES    AGAINST   NEUTRALITY.  439 

jects,  citizens,  or  property  of  :my  foreign  prince  or  state, 
or  of  any  colony,  district,  or  people  with  whom  the 
United  States  are  at  peace,  until  the  decision  of  the  Presi- 
dent is  had  thereon,  or  until  the  owner  gives  such  bond 
and  security  as  is  required  of  the  owners  of  armed  vessels 
bv  the  preceding  section. 

*  The  provisions  of  this  chapter  shall  not  be  construed  R^Jf;  R.  s#> 
to  extend  to  any  subject  or  citizen  of  any  foreign  prince,  5291. 
state,  colony,  district,  or  people  who  is  transiently  within 
the  United  .States  and  enlists  or  enters  himself  on  board 
of  any  vessel  of  Avar,  letter  of  marque,  or  privateer,  which 
at  the  time  of  its  arrival  within  the  United  States  was 
fitted  and  equipped  as  such,  or  hires  or  retains  another 
subject  or  citizen  of  the  same  foreign  prince,  state,  col- 
ony, district,  or  people  who  is  transiently  within  the 
United  States  to  enlist  or  enter  himself  to  serve  such 
foreign  prince,  state,  colony,  district,  or  people  on  board 
such  "vessel  of  war,  letter  of  marque,  or  privateer,  if  the 
United  States  shall  then  be  at  peace  with  such  foreign 
prince,  state,  colony,  district,  or  people.  Nor  shall  they 
be  construed  to  prevent  the  prosecution  or  punishment  of 
treason,  or  of  any  piracy  defined  by  the  laws  of  the 
United  States. 
409  (a).  Enforcement  of  neutrality. 

During  a  war  in  which  the  United  States  is  a  neutral  June  15, 1917. 
nation,  the  President,  or  any  person  thereunto  authorized 
by  him,  may  withhold  clearance  from  or  to  any  vessel, 
domestic  or  foreign,  which  is  required  by  law  to  secure 
clearance  before  departing  from  port  or  from  the  juris- 
diction of  the  United  States,  or,  by  service  of  formal 
notice  upon  the  owner,  master,  or  person  in  command 
or  having  charge  of  any  domestic  vessel  not  required  by 
law  to  secure  clearances  before  so  departing,  to  forbid 
its  departure  from  port  or  from  the  jurisdiction  of  the 
United  States,  whenever  there  is  reasonable  cause  to 
believe  that  any  such  vessel,  domestic  or  foreign,  whether 
requiring  clearance  or  not,  is  about  to  carry  fuel,  arms, 
ammunition,  men,  supplies,  dispatches,  or  information 
to  any  warship,  tender,  or  supply  ship  of  a  foreign 
belligerent  nation  in  violation  of  the  laws,  treaties,  or 
obligations  of  the  United  States  under  the  law  of  na- 
tions; and  it  shall  thereupon  be  unlawful  for  such  vessel 
to  depart. 

During  a  war  in  which  the  United  States  is  a  neutral 
nation,  the  President,  or  any  person  thereunto  authorized 
by  him,  may  detain  any  armed  vessel  owned  wholly  or 
in  part  by  American  citizens,  or  any  vessel,  domestic  or 
foreign  (other  than  one  which  has  entered  the  ports  of 
the  United  States  as  a  public  vessel),  which  is  manifestly 
built  for  warlike  purposes  or  has  been  converted  or 
adapted  from  a  private  vessel  to  one  suitable  for  warlike 
use,  until  the  owner  or  master,  or  person  having  charge 
of  such  vessel,  shall  furnish  proof  satisfactory  to  the 


Title   V,  sec.  1. 


440  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

President,  or  to  the  person  duly  authorized  by  him,  that 
the  vessel  will  not  be  employed  by  the  said  owners,  or 
master,  or  person  having  charge  thereof,  to  cruise  against 
or  commit  or  attempt  to  commit  hostilities  upon  the  sub- 
jects, citizens,  or  property  of  any  foreign  prince  or  state, 
or  of  any  colony,  district,  or  people  with  which  the 
United  States  is  at  peace,  and  that  the  said  vessel  will 
not  be  sold  or  delivered  to  any  belligerent  nation,  or  to 
an  agent,  officer,  or  citizen  of  such  nation,  by  them  or 
any  of  them,  within  the  jurisdiction  of  the  United  States, 
or,  having  left  that  jurisdiction,  upon  the  high  seas. 

Sec-  3-  During  a  war  in  which  the  United  States  is  a  neutral 

nation,  it  shall  be  unlawful  to  send  out  of  the  jurisdiction 
of  the  United  States  any  vessel  built,  armed,  or  equipped 
as  a  vessel  of  war,  or  converted  from  a  private  vessel  into 
a  vessel  of  war,  with  any  intent  or  under  any  agreement 
or  contract,  written  or  oral,  that  such  vessel  shall  be  de- 
livered to  a  belligerent  nation,  or  to  an  agent,  officer,  or 
citizen  of  such  nation,  or  with  reasonable  cause  to  believe 
that  the  said  vessel  shall  or  will  be  employed  in  the 
service  of  any  such  belligerent  nation  after  its  departure 
from  the  jurisdiction  of  the  United  States. 

Sec-  4-  During  a  war  in  which  the  United  States  is  a  neutral 

nation,  in  addition  to  the  facts  required  by  sections  forty- 
one  hundred  and  ninety-seven,  forty-one  hundred  and 
ninety-eight,  and  forty-two  hundred  of  the  Kevised  Stat- 
utes to  be  set  out  in  the  masters'  and  shippers'  manifests 
before  clearance  will  be  issued  to  vessels  bound  to  foreign 
ports,  each  of  which  sections  of  the  Revised  Statutes  is 
hereby  declared  to  be  and  is  continued  in  full  force  and 
effect,  every  master  or  person  having  charge  or  command 
of  any  vessel,  domestic  or  foreign,  whether  requiring 
clearance  or  not,  before  departure  of  such  vessel  from 
port  shall  deliver  to  the  collector  of  customs  for  the  dis- 
trict wherein  such  vessel  is  then  located  a  statement  duly 
verified  by  oath,  that  the  cargo  or  any  part  of  the  cargo  is 
or  is  not  to  be  delivered  to  other  vessels  in  port  or  to  be 
transshipped  on  the  high  seas  and,  if  it  is  to  be  so  de- 
livered or  transshipped,  stating  the  kind  and  quantities 
and  the  value  of  the  total  quantity  of  each  kind  of 
article  so  to  be  delivered  or  transshipped,  and  the  name 
of  the  person,  corporation,  vessel,  or  government,  to 
whom  the  delivery  or  transshipment  is  to  be  made;  and 
the  owners,  shippers,  or  consignors  of  the  cargo  of  such 
vessel  shall  in  the  same  manner  and  under  the  same 
conditions  deliver  to  the  collector  like  statements  under 
oath  as  to  the  cargo  or  the  parts  thereof  laden  or  shipped 
by  them,  respectively. 

sec.  5.  Whenever  it  appears  that  the  vessel  is  not  entitled  to 

clearance  or  whenever  there  is  reasonable  cause  to  believe 
that  the  additional  statements  under  oath  required  in 
the  foregoing  section  are  false,  the  collector  of  customs 
for  the  district  in  which  the  vessel  is  located  may,  subject 


PART   XXXIX. OFFENSES  AGAINST   NEUTRALITY.  441 

to  review  by  the  Secretary  of  Commerce,  refuse  clearance 
to  any  vessel,  domestic  or  foreign,  and  by  formal  notice 
served  upon  the  owners,  master,  or  person  or  persons  in 
command  or  charge  of  any  domestic  vessel  for  which 
clearance  is-  not  required  by  law,  forbid  the  departure 
of  the  vessel  from  the  port  or  from  the  jurisdiction  of 
the  United  States;  and  it  shall  thereupon  be  unlawful 
for  the  vessel  to  depart. 

Whoever,  in  violation  of  any  of  the  provisions  of  this  Sec-  6- 
title,  shall  take,  or  attempt  or  conspire  to  take,  or  author- 
ize the  taking  of  any  such  vessel,  out  of  port  or  from  the 
jurisdiction  of  the  United  States,  shall  be  fined  not  more 
than  $10,000  or  imprisoned  not  more  than  five  years,  or 
both;  and,  in  addition,  such  vessel,  her  tackle,  apparel, 
furniture,  equipment,  and  her  cargo  shall  be  forfeited 
to  the  United  States. 


Part  XL.— GUANO  ISLANDS. 


410.  Guano  Islands. 

r  s.,  5570.  Whenever  any  citizen  of  the  United  States  discovers  a 

deposit  of  guano  on  any  island,  rock,  or  key,  not  within 
the  lawful  jurisdiction  of  any  other  government,  and 
not  occupied  by  the  citizens  of  any  other  government,  and 
takes  peaceable  possession  thereof,  and  occupies  the  same, 
such  island,  rock,  or  key  may,  at  the  discretion  of  the 
President,  be  considered  as  appertaining  to  the  United 
States. 

r.  s.,  5571.  The  discoverer  shall,  as  soon  as  practicable,  give  notice, 

verified  by  affidavit,  to  the  Department  of  State,  of  such 
discovery,  occupation,  and  possession,  describing  the 
island,  rock,  or  key,  and  the  latitude  and  longitude 
thereof,  as  near  as  may  be,  and  showing  that  such  posses- 
sion was  taken  in  the  name  of  the  United  States;  and 
shall  furnish  satisfactory  evidence  to  the  State  Depart- 
ment that  such  island,  rock,  or  key  was  not,  at  the  time  of 
the  discovery  thereof,  or  of  the  taking  possession  and 
occupation  thereof  by  the  claimants,  in  the  possession  or 
occupation  of  any  other  government  or  of  the  citizens  of 
any  other  government,  before  the  same  shall  be  considered 
as  appertaining  to  the  United  States. 

r  s.,  5572.  jf  i|ie  discoverer  dies  before  perfecting  proof  of  discov- 

ery or  fully  complying  with  the  provisions  of  the  pre- 
ceding section,  his  widow,  heir,  executor,  or  administra- 
tor, shall  be  entitled  to  the  benefits  of  such  discovery, 
upon  complying  with  the  provisions  of  this  Title  [R.  S., 
5570-5578]  ;  but  nothing  herein  shall  be  held  to  impair 
any  rights  of  discovery  or  any  assignment  by  a  discoverer 
heretofore  recognized  by  the  United  States. 

r.  s.,  5573.  The  discoverer,  or  his  assigns,  being  citizens  of  the 

United  States,  may  be  allowed,  at  the  pleasure  of  Con- 
gress, the  exclusive  right  of  occupying  such  island,  rocks, 
or  keys,  for  the  purpose  of  obtaining  guano,  and  of  sell- 
ing and  delivering  the  same  to  citizens  of  the  United 
States,  to  be  used  therein,  and  may  be  allowed  to  charge 
and  receive  for  every  ton  thereof  delivered  alongside  a 
vessel,  in  proper  tubs,  within  reach  of  ship's  tackle,  a  sum 
not  exceeding  eight  dollars  per  ton  for  the  best  quality, 
or  four  dollars  for  every  ton  taken  while  in  its  native 
place  of  deposit. 

r.  s.,  5574.  ^f0  gUano  shall  be  taken  from  any  such  island,  rock,  or 

key,  except  for  the  use  of  the  citizens  of  the  United  States 
442 


PART  XL. GUANO   ISLANDS.  443 

or  of  persons  resident  therein.  The  discoverer,  or  his 
widow,  heir,  executor,  administrator,  or  assigns,  shall 
enter  into  bond,  in  such  penalty  and  with  such  sureties  as 
may  be  required  by  the  President,  to  deliver  the  guano  to 
citizens  of  the  United  States,  for  the  purpose  of  being 
used  therein,  and  to  none  others,  and  at  the  price  pre- 
scribed, and  to  provide  all  necessary  facilities  for  that 
purpose  within  a  time  to  be  fixed  in  the  bond;  and  any 
breach  of  the  provisions  thereof  shall  be  deemed  a  for- 
feiture of  all  rights  accruing  under  and  by  virtue  of  this 
Title  [K.  S.,  5570-5578].  This  section  shall,  however,  be 
suspended  in  relation  to  all  persons  who  have  complied 
with  the  provisions  of  this  Title,  for  five  years  from  and 
after  the  fourteenth  day  of  July,  eighteen  hundred  and 
seventy-two. 

The  introduction  of  guano  from  such  islands,  rocks,  or  r.  s.,  5575. 
keys,  shall  be  regulated  as  in  the  coasting  trade  between 
different  parts  of  the  United  States,  and  the  same  laws 
shall  govern  the  vessels  concerned  therein. 

All  acts  done,  and  offenses  or  crimes  committed,  on  any  R-  g  (  5576- 
such  island,  rock,  or  key,  by  persons  who  may  land 
thereon,  or  in  the  water  adjacent  thereto,  shall  be  deemed 
committed  on  the  high  seas,  on  board  a  merchant-ship  or 
vessel  belonging  to  the  United  States;  and  shall  be  pun- 
ished according  to  the  laws  of  the  United  States  relating 
to  such  ships  or  vessels  and  offenses  on  the  high  seas, 
which  laws  for  the  purpose  aforesaid  are  extended  over 
such  islands,  rocks,  and  keys. 

The  President  is  authorized,  at  his  discretion,  to  em-  r.  s.,5577. 
ploy  the  land  and  naval  forces  of  the  United  States  to 
protect  the  rights  of  the  discoverer  or  of  his  widow,  heir, 
executor,  administrator,  or  assigns. 

Nothing  in  this  Title  [R.  S.,  5570-5578]  contained  shall  r.  s.,  5578. 
be  construed  as  obliging  the  United  States  to  retain  pos- 
session of  the  islands,  rocks,  or  keys,  after  the  guano  shall 
have  been  removed  from  the  same. 

The  crimes  and  offenses  defined  in  this  chapter  [chap.  Mar.  4,  1909. 
11,  act  Mar.  4,  1909 ;  see  pp.  48G-493]  shall  be  punished  Sec- 272- 
as  herein  described :     *     *     * 

On  any  island,  rock,  or  key,  containing  deposits  of 
guano,  which  may,  at  the  discretion  of  the  President,  be 
considered  as  appertaining  to  the  United  States. 


Part  XLL— MISCELLANEOUS. 


Life-saving  medals. 

Rescuing  shipwrecked  American 
seamen. 

School  ships. 

Instruction  at  military  schools. 

Instruction  in  shipbuilding. 

Naval  Militia. 

North  Atlantic  fisheries. 

Supplies  for  foreign  war  vessels. 

Navy  ration. 

Export  of  arms  to  American 
countries. 

Mines,  torpedoes,  and  harbor  de- 
fenses. 

Sale  of  arms  and  liquors  to  Pa- 
cific islanders. 

Panama  Canal. 

Great  Lakes-Atlantic  Canal. 

Great  Lakes'  levels. 

Employment  of  vessels  of  the 
United  States  for  public  pur- 


411. 
412. 

413. 
414. 
415. 
416. 
417. 
418. 
419. 
420. 

421. 

422. 

423. 
424. 
425. 
426. 


427.  Exemption  of  private  property  at 
sea. 


428.  Hospital  ships. 

429.  Sponge  fishing. 

430.  Liens  on  vessels. 

431.  Enforcement  of  navigation  laws. 

432.  Licensing    of    customhouse    bro- 

kers. 

433.  Assistance  and  salvage  at  sea. 
433  (a).   Vessels  in  ports  of  the  United 

States  in  time  of  war. 

433  (b).  Injuring  vessels  engaged  in 
foreign  commerce. 

433  (c).  Interference  with  foreign 
commerce  by  violent  means. 

433(d).  Seizure  of  arms  and  other  ar- 
ticles intended  for  export. 

433(e).  Certain  exports  in  time  of 
war  unlawful. 

433  (f).   Stamp  taxes. 

433  (g).   Trading  with  the  enemy. 

433  (h).  Acquisition  of  vessels  by 
United  States. 

433  (i).   Priority  shipments. 

433  (j).  United  States  Railroad  Ad- 
ministration. 


411.  Life-saving  medals. 

The  Secretary  of  the  Treasury  is  hereby  directed  to 
cause  to  be  prepared  medals  of  honor,  with  suitable  de- 
vices, to  be  distinguished  as  life-saving  medals  of  the 
first  and  second  class,  which  shall  be  bestowed  upon  any 
persons  who  shall  hereafter  endanger  their  own  lives  in 
saving,  or  endeavouring  to  save  lives  from  perils  of  the 
sea,  within  the  United  States,  or  upon  any  American 
vessel:  Provided,  That  the  medal  of  the  first  class 
shall  be  confined  to  cases  of  extreme  and  heroic  daring; 
and  that  the  medal  of  the  second  class  shall  be  given  in 
cases  not  sufficiently  distinguished  to  deserve  the  medal 
of  the  first  class :  Provided,  also,  That  no  award  of  either 
medal  shall  be  made  to  any  person  until  sufficient  evi- 
dence of  his  deserving  shall  have  been  filed  with  the  Sec- 
retary of  the  Treasury  and  entered  upon  the  records  of 
the  Department. 

The  life-saving  medals  of  the  first  and  second  class 
authorized  by  the  provisions  of  the  seventh  section  of  the 
act  of  July  twentieth,  eighteen  hundred  and  seventy-four, 


June   20,  1874. 
Sec.   7. 


May  4,   1882. 


445 


446  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

shall  be  hereafter  designated  as  the  gold  and  silver  life- 
saving  medal  respectively,  and  any  person  who  has  re- 
ceived or  may  hereafter  receive  either  of  said  medals 
under  the  provisions  of  said  section,  or  the  twelfth  sec- 
tion of  the  act  of  June  eighteenth,  eighteen  hundred  and 
seventy-eight,  and  who  shall  again  perform  an  act  which 
would  entitle  him  to  a  medal  of  the  same  class  under  said 
provisions,  shall  receive,  and  the  Secretary  of  the  Treas- 
ury is  hereby  authorized  to  award,  in  lieu  of  a  second 
medal,  a  bar,  suitably  inscribed,  of  the  same  metal  as  the 
medal  to  which  said  person  would  be  entitled,  to  be 
attached  to  a  ribbon  of  such  description  as  the  Secretary 
of  the  Treasury  may  prescribe,  which  may  be  fastened  to 
the  medal  already  bestowed  upon  said  person;  and  for 
every  such  additional  act  an  additional  bar  may  be  added. 
And  the  Secretary  of  the  Treasury  is  hereby  authorized, 
in  his  discretion,  whenever  any  person  becomes  entitled  to 
a  bar  representing  a  gold  medal,  to  award  him,  in  addi- 
tion to  said  bar,  such  token  as  it  is  customary  to  award 
in  acknowledgment  of  the  services  of  masters  and  crews 
of  foreign  vessels  in  rescuing  American  citizens  from 
shipwreck. 

seTi^8' 1878'  The  Secretary  of  the  Treasury  is  hereby  authorized  to 
bestow  the  life-saving  medal  of  the  second  class  upon  per- 
sons making  such  signal  exertions  in  rescuing  and  succor- 
ing the  shipwrecked,  and  saving  persons  from  drowning, 
as,  in  his  opinion,  shall  merit  such  recognition. 

Jan.  21,  1897.     go  mucli  of  the  actg  relating  to  the  Life-Saving  Service 

approved  June  twentieth,  eighteen  hundred  and  seventy- 
four,  June  eighteenth,  eighteen  hundred  and  seventy- 
eight,  and  May  fourth,  eighteen  hundred  and  eighty-two, 
as  provide  for  the  award  of  life-saving  medals  shall  be 
construed  so  as  to  empower  the  Secretary  of  the  Treasury 
to  bestow  such  medals  upon  persons  making  signal  exer- 
tions in  rescuing  and  succoring  the  shipwrecked  and  sav- 
ing persons  from  drowning  in  the  waters  over  which  the 
United  States  has  jurisdiction,  whether  the  said  persons 
making  such  exertions  were  or  were  not  members  of  a 
life-saving  crew,  or  whether  or  not  such  exertions  were 
made  in  the  vicinity  of  a  life-saving  station. 

412.  Rescuing  shipwrecked  American  seamen. 

Mar.  4, 1919.  Expenses  which  may  be  incurred  in  the  acknowledg- 
ment of  the  services  of  masters  and  crews  of  foreign  ves- 
sels in  rescuing  American  seamen  or  citizens  from  ship- 
wreck, $4,500. 

413.  School  ships. 

Ma™  I?'  lis*!     The  Secretary  of  the  Navy,  to  promote  nautical  educa- 

Mar.  4,  1911.  tion,  [s  hereby  authorized  and  empowered  to  furnish, 

upon  the  application  in  writing  of  the  governor  of  a 


PAKT    XLI. MISCELLANEOUS.  447 

State,  a  suitable  vessel  of  the  navy,  with  all  her  apparel, 
charts,  books,  and  instruments  of  navigation,  provided 
the  same  can  be  spared  without  detriment  to  the  naval 
service,  to  be  used  for  the  benefit  of  any  nautical  school, 
or  school  or  college  having  a  nautical  branch,  estab- 
lished at  each  of  the  following  ports  of  the  United  States: 
Boston,  Philadelphia,  New  York,  Seattle,  San  Francisco, 
Baltimore,  Detroit,  Saginaw,  Michigan,  Norfolk,  and 
Corpus  Christi,  upon  the  condition  that  there  shall  be 
maintained  at  such  port  a  school  or  branch  of  a  school 
for  the  instruction  of  youths  in  navigation,  steamship- 
marine  engineering,  and  all  matters  pertaining  to  the 
proper  construction,  equipment,  and  sailing  of  vessels  or 
any  particular  branch  thereof. 

A  sum  not  exceeding  the  amount  annually  appropri-  Sec-  *• 
ated  by  any  State  or  municipality  for  the  purpose  of 
maintaining  such  a  marine  school  or  schools  or  the  nauti- 
cal branch  thereof  is  hereby  authorized  to  be  appropri- 
ated for  the  purpose  of  aiding  in  the  maintenance  and 
support  of  such  school  or  schools:  Provided,  however, 
That  appropriations  shall  be  made  for  one  school  in  any 
port  heretofore  named  in  section  one  and  that  the  appro- 
priation for  any  one  year  shall  not  exceed  twenty-five 
thousand  dollars  for  any  one  school. 

The  President  of  the  "United  States  is  hereby  author-  Sec  a. 
ized,  when  in  his  opinion  the  same  can  be  done  without 
detriment  to  the  public  service,  to  detail  proper  officers 
of  the  navy  as  superintendents  of  or  instructors  in  such 
schools:  Provided,  That  if  any  such  school  shall  be  dis- 
continued, or  the  good  of  the  naval  service  shall  require, 
such  vessel  shall  be  immediately  restored  to  the  Secretary 
of  the  Navy  and  the  officers  so  detailed  recalled:  And 
provided  further,  That  no  person  shall  be  sentenced  to 
or  received  at  such  schools  as  a  punishment  or  commuta- 
tion of  punishment  for  crime. 

414.   Instruction  at  military  schools. 

The  President  be,  and  he  is  hereby,  authorized,  upon  Mar,.  s,o  m 
the  application  of  the  governor  of  any  State  having  sea- 
coast  line  or  bordering  on  one  or  more  of  the  Great  Lakes, 
to  direct  the  Secretary  of  the  Navy  to  furnish  to  one 
well-established  military  school  in  that  State,  desiring  to 
afford  its  cadets  instruction  in  elementary  seamanship, 
one  fully  equipped  man-of-war's  cutter  for  every  twenty- 
five  cadets  in  actual  attendance,  and  such  other  equip- 
ment as  may  be  spared  and  be  deemed  adequate  for  in- 
struction in  elementary  seamanship :  Provided,  That  the 
said  school  shall  have  adequate  facilities  for  cutter  drill, 
and  shall  have  in  actual  attendance  at  least  one  hundred 
and  forty  cadets  in  uniform  receiving  military  instruc- 


June  29,  1906. 


448  NAVIGATION   LAWS  OF   THE   UNITED  STATES. 

tion  and  quartered  in  barracks  under  military  regulation, 
and  shall  have  the  capacity  to  quarter  and  educate  at  the 
same  time  one  hundred  and  fifty  cadets:  And  provided 
further,  That  the  Secretary  of  the  Navy  shall  require  a 
bond  in  each  case,  in  double  the  value  of  the  property,  for 
the  care  and  safe-keeping  thereof  and  for  the  return  of 
the  same  when  required. 
June  30, 1906.  The  Secretary  of  the  Navy  be,  and  he  is  hereby,  author- 
ized and  empowered  to  loan  temporarily  to  the  govern- 
ment of  the  Philippine  Islands,  upon  the  written  applica- 
tion of  the  Secretary  of  War,  a  vessel  of  the  United  States 
Navy,  to  be  selected  from  such  vessels  as  are  not  suitable 
or  required  for  general  service,  together  with  such  of  her 
apparel,  charts,  books,  and  instruments  of  navigation  as 
he  may  deem  proper,  said  vessel  to  be  used  only  by  such 
nautical  schools  as  are  or  may  hereafter  be  maintained  by 
said  government  of  the  Philippine  Islands:  Provided, 
That  when  such  schools  shall  be  abandoned,  or  when  the 
interests  of  the  naval  service  shall  so  require,  such  vessel, 
together  with  her  apparel,  charts,  books,  and  instruments 
of  navigation,  shall  be  immediately  restored  to  the  cus- 
tody of  the  Secretary  of  the  Navy :  And  provided  further, 
That  when  such  loan  is  made  to  the  government  of  the 
Philippine  Islands,  the  Secretary  of  the  Navy  is  author- 
ized to  detail  from  the  enlisted  force  of  the  Navy  a  suffi- 
cient number  of  men,  not  exceeding  six  for  any  vessel,  as 
ship  keepers,  the  men  so  detailed  to  be  additional  to  the 
number  of  enlisted  men  allowed  by  law  for  the  naval 
establishment,  and  in  making  details  for  this  service 
preference  shall  be  given  to  those  men  who  have  served 
twenty  years  or  more  in  the  Navy. 

415.  Instruction  in  shipbuilding. 

Feb.  26,  1879.  Yor  the  purpose  of  promoting  a  knowledge  of  steam- 
engineering  and  iron-ship  building  among  the  young  men 
of  the  United  States,  the  President  may,  upon  the  appli- 
cation of  an  established  scientific  school  or  college  within 
the  United  States,  detail  an  officer  from  the  Engineer 
Corps  of  the  Navy  as  professor  in  such  school  or  college : 

Provided,  That  the  number  of  officers  so  detailed  shall 
not  at  any  time  exceed  twenty-five,  and  such  details  shall 
be  governed  by  rules  to  be  prescribed  from  time  to  time 
by  the  President: 

And,  provided  further,  That  such  details  may  be  with- 
held or  withdrawn  whenever,  in  the  judgment  of  the 
President,  the  interests  of  the  public  service  shall  so 
require. 

416.  Naval  Militia. 

Aug.  3,  1894.  The  Secretary  of  the  Navy  is  hereby  authorized  and 
empowered  to  loan  temporarily  to  any  State,  upon  the 


PART    XLI. MISCELLANEOUS.  449 

written  application  of  the  governor  thereof,  a  vessel  of 
the  Navy,  to  be  selected  from  such  vessels  as  are  not  suit- 
able or  required  for  general  service,  together  with  such  of 
her  apparel,  charts,  books,  and  instruments  of  navigation 
as  he  may  deem  proper ;  said  vessel  to  be  used  only  by  the 
regularly  organized  naval  militia  of  the  State  for  the 
purposes  of  drill  and  instruction:  Provided,  That  when 
the  organization  of  the  naval  militia  of  such  State  shall 
be  abandoned,  or  when  the  interests  of  the  naval  service 
shall  so  require,  such  vessel,  together  with  her  apparel, 
charts,  books,  and  instruments  of  navigation,  shall  be 
immediately  restored  to  the  custody  of  the  Secretary  of 
the  Navy :  And  provided  further,  That  when  such  loan  is 
made  to  the  governor  of  any  State,  the  Secretary  of  the 
Navy  is  authorized  to  detail  from  the  enlisted  force  of  the 
Navy  a  sufficient  number  of  men,  not  exceeding  six  for 
any  vessel,  as  shipkeepers,  the  men  so  detailed  to  be  addi- 
tional to  the  number  of  enlisted  men  allowed  by  law  for 
the  naval  establishment,  and  in  making  details  for  this 
service  preference  shall  be  given  to  those  men  who  have 
served  twenty  years  or  more  in  the  Navy. 

For  arms,  accouterments,  ammunition,  medical  outfits,  June  30' 1914" 
fuel,  water  for  steaming  purposes,  and  clothing,  and  the 
printing  or  purchase  of  necessary  books  of  instruction, 
expenses  in  connection  with  the  organizing  and  training 
of  the  Naval  Militia  of  the  various  States,  Territories, 
and  the  District  of  Columbia,  under  such  regulations  as 
the  Secretary  of  the  Navy  may  prescribe,  one  hundred 
and  twenty-five  thousand  dollars. 

That  upon  the  approval  of  this  Act  all  laws  heretofore  <'uiy  1,  iqis. 
enacted  by  the  Congress  relating  to  the  Naval  Militia  and 
the  National  Naval  Volunteers  be,  and  the  same  hereby 
are,  repealed ;  and  the  President  is  authorized  to  transfer 
as  a  class  all  members  of  the  National  Naval  Volunteers 
to  the  class  "the  Naval  Reserve,"  "  the  Naval  Reserve 
Flying  Corps,"  or  "  the  Marine  Corps  Reserve  "  of  the 
Naval  Reserve  Force  or  the  Marine  Corps  Reserve,  for 
general  service,  in  the  confirmed  rank,  grade,  or  rating 
they  now  hold  in  the  National  Naval  Volunteers,  regard- 
less of  their  being  members  of  a  State  military  force,  and 
without  examination  and  the  necessity  of  executing  or 
filing  a  new  oath  and  acceptance  of  office ;  that  until  such 
transfer  is  effected  members  of  the  National  Naval  Vol- 
unteers shall  retain  their  present  status  and  be  entitled 
to  receive  the  same  pay,  allowances,  gratuities,  and  other 
benefits  as  heretofore  provided  by  law,  and  shall  continue 
subject  to  the  laws  prescribed  for  the  government  of 
the  Navy;  that  all  members  of  the  Naval  Reserve  Force 
shall  be  eligible  for  reenrollment  in  the  rank,  grade,  or 
143562°— 19—29 


450  NAVIGATION   LAWS   OF   THE   UNITED  STATES. 

rating  held  on  the  termination  of  their  last  enrollment; 
that  no  enrollments  or  promotions  shall  be  made  in  any 
rank  or  grade  above  that  of  lieutenant  commander,  ex- 
cept as  herein  otherwise  provided. 

417.   North  Atlantic  fisheries. 

Mar.  3,  1883.  jn  the  judgment  of  Congress,  the  provisions  of  articles 
numbered  eighteen  to  twenty-five,  inclusive,  and  of  article 
thirty  of  the  treaty  between  the  United  States  and  Her 
Britannic  Majesty,  for  an  amicable  settlement  of  all 
causes  of  difference  between  the  two  countries,  concluded 
at  Washington  on  the  eighth  day  of  May,  anno  Domini 
eighteen  hundred  and  seventy-one,  ought  to  be  terminated 
at  the  earliest  possible  time,  and  be  no  longer  in  force; 
and  to  this  end  the  President  be,  and  he  hereby  is, 
directed  to  give  notice  to  the  Government  of  Her  Bri- 
tannic Majesty  that  the  provisions  of  each  and  every  of 
the  articles  aforesaid  will  terminate  and  be  of  no  force  on 
the  expiration  of  two  years  next  after  the  time  of  giving 
such  notice. 

sec.  2.  The  President  be,  and  he  hereby  is,  directed  to  give  and 

communicate  to  the  Government  of  Her  Britannic  Maj- 
esty such  notice  of  such  termination  on  the  first  day  of 
July,  anno  Domini  eighteen  hundred  and  eighty-three,  or 
as  soon  thereafter  as  may  be. 

Sec-  3*  On  and  after  the  expiration  of  the  two  years'  time  re- 

quired by  said  treaty,  each  and  every  of  said  articles  shall 
be  deemed  and  held  to  have  expired  and  be  of  no  force 
and  effect,  and  every  department  of  the  Government  of 
the  United  States  shall  execute  the  laws  of  the  United 
States  (in  the  premises)  in  the  same  manner  and  to  the 
same  effect  as  if  said  articles  had  never  been  in  force; 
and  the.  act  of  Congress  approved  March  first,  anno 
Domini  eighteen  hundred  and  seventy-three,  entitled  "An 
act  to  carry  into  effect  the  provisions  of  the  treaty  be- 
tween the  United  States  and  Great  Britain,  signed  in  the 
city  of  Washington  the  eighth  day  of  May,  eighteen  hun- 
dred and  seventy-one,  relating  to  the  fisheries,"  so  far 
as  it  relates  to  the  articles  of  said  treaty  so  to  be  ter- 
minated shall  be  and  stand  repealed  and  be  of  no  force 
on  and  after  the  time  of  the  expiration  of  said  two 
years. 

418.  Supplies  for  foreign  war  vessels. 

The  privilege  of  purchasing  supplies  from  public  ware- 
houses, free  of  duty,  and  from  bonded  manufacturing 
warehouses,  free  of  duty  or  of  internal-revenue  tax,  as 
the  case  may  be,  shall  be  extended,  under  such  regula- 


R.   S 

.,  2982. 

Aug. 
Sec. 

5, 

21. 

1909. 

Oct. 

3, 

1913. 

Sec. 

IV, 

K. 

PART   XLI. MISCELLANEOUS.  451 

tions  as  the  Secretary  of  the  Treasury  shall  prescribe,  to 
the  vessels  of  war  of  any  nation  in  ports  of  the  United 
States  which  may  reciprocate  such  privileges  toward  the 
vessels  of  war  of  the  United  States  in  its  ports. 
419.  Navy  ration. 

The  navy  rations  shall  consist  of  the  following  daily  jui|"i15i902 
allowance  of  provisions  to  each  person :  One  pound  and  -nine  29,  ioo6. 
a  quarter  of  salt  or  smoked  meat,  with  three  ounces  of 
dried  or  six  ounces  of  canned  or  preserved  fruit,  and 
three  gills  of  beans  or  peas,  or  twelve  ounces  of  flour ;  or 
one  pound  of  preserved  meat,  with  three  ounces  of  dried 
or  six  ounces  of  canned  or  preserved  fruit  and  eight 
ounces  of  rice  or  twelve  ounces  of  canned  vegetables,  or 
six  ounces  of  desiccated  vegetables;  together  with  one 
pound  of  biscuit,  two  ounces  of  butter,  four  ounces  of 
sugar,  two  ounces  of  coffee  or  cocoa,  or  one-half  ounce  of 
tea  and  one  ounce  of  condensed  milk  or  evaporated 
cream;  and  a  weekly  allowance  of  one-quarter  pound  of 
macaroni,  four  ounces  of  cheese,  four  ounces  of  toma- 
toes, one-half  pint  of  vinegar  or  sauce,  one-quarter  pint 
of  pickles,  one-quarter  pint  of  molasses,  four  ounces  of 
salt,  one-half  ounce  of  pepper,  one-eighth  ounce  of  spices, 
and  one-half  ounce  of  dry  mustard.  Seven  pounds  of 
lard,  or  a  suitable  substitute,  shall  be  allowed  for  every 
hundred  pounds  of  flour  issued  as  bread,  and  such  quan- 
tities of  yeast  and  flavoring  extracts  as  may  be  necessary. 

The  following  substitution  for  the  components  of  the  jul^'i5i90o 
ration  may  be  made  when  deemed  necessary  by  the  senior  June  29,  190b. 
officer  present  in  command:  "For  one  and  one-quarter 
pounds  of  salt  or  smoked  meat  or  one  pound  of  preserved 
meat,  one  and  three-quarter  pounds  of  fresh  meat  or  fresh 
fish,  or  eight  eggs;  in  lieu  of  the  articles  usually  issued 
with  salt,  smoked  or  preserved  meat,  one  and  three-quar- 
ter pounds  of  fresh  vegetables ;  for  one  pound  of  biscuit, 
one  and  one-quarter  pounds  of  soft  bread  or  eighteen 
ounces  of  flour;  for  three  gills  of  beans  and  peas,  twelve 
ounces  of  flour  or  eight  ounces  of  rice  or  other  starch 
food,  or  twelve  ounces  of  canned  vegetables;  for  one 
pound  of  condensed  milk  or  evaporated  cream,  one  quart 
of  fresh  milk ;  for  three  ounces  of  dried  or  six  ounces  of 
canned  or  preserved  fruit,  nine  ounces  of  fresh  fruit ;  and 
for  twelve  ounces  of  flour  or  eight  ounces  of  rice  or  other 
starch  food,  or  twelve  ounces  of  canned  vegetables,  three 
gills  of  beans  or  peas ;  in  lieu  of  the  weekly  allowance  of 
one-quarter  pound  of  macaroni,  four  ounces  of  cheese, 
one-half  pint  of  vinegar  or  sauce,  one-quarter  pint  of 
pickles,  one-quarter  pint  of  molasses,  and  one-eighth 
ounce  of  spices,  three  pounds  of  sugar,  or  one  and  a  half 


452  NAVIGATION    LAWS    OF    THE    UNITED   STATES. 

pounds  of  condensed  milk,  or  one  pound  of  coffee,  or  one 
and  a  half  pounds  of  canned  fruit,  or  four  pounds  of 
fresh  vegetables,  or  four  pounds  of  flour. 

"  An  extra  allowance  of  one  ounce  of  coffee  or  cocoa, 
two  ounces  of  sugar,  four  ounces  of  hard  bread  or  its 
equivalent,  and  four  ounces  of  preserved  meat  or  its 
equivalent  shall  be  allowed  to  enlisted  men  of  the  engi- 
neer and  dynamo  force  who  stand  night  watches  between 
eight  o'clock  postmeridian  and  eight  o'clock  antemerid- 
ian, under  steam." 

420.  Export  of  arms  to  American  countries. 

Apr.  22.  1898.  Whenever  the  President  shall  find  that  in  any  Ameri- 
Mar.  14,  1912.  can  country  conditions  of  domestic  violence  exist  which 
are  promoted  by  the  use  of  arms  or  munitions  of  war 
procured  from  the  United  States,  and  shall  make  procla- 
mation thereof,  it  shall  be  unlawful  to  export  except 
under  such  limitations  and  exceptions  as  the  President 
shall  prescribe  any  arms  or  munitions  of  war  from  any 
place  in  the  United  States  to  such  country  until  other- 
wise ordered  by  the  President  or  by  Congress, 
sec.  2.  Any  shipment  of  material  hereby  declared  unlawful 

after  such  a  proclamation  shall  be  punishable  by  fine  not 
exceeding  ten  thousand  dollars,  or  imprisonment  not 
exceeding  two  years,  or  both. 

421.  Mines,  torpedoes,  and  harbor  defenses. 

Mar.  4, 1909.  Whoever  shall  willfully  trespass  upon,  injure,  or  de- 
iep'etis  act  S^V0J  any  of  the  works  or  property  or  material  of  any 
July  7, 1898.  submarine  mine  or  torpedo,  or  fortification  or  harbor- 
defense  system  owned  or  constructed  or  in  process  of  con- 
struction by  the  United  States,  or  shall  willfully  inter- 
fere with  the  operation  or  use  of  any  such  submarine 
mine,  torpedo,  fortification,  or  harbor-defense  system, 
shall  be  fined  not  more  than  five  thousand  dollars,  or  im- 
prisoned not  more  than  five  years,  or  both.  [See  also  act 
Mar.  4,  1909,  sec.  272,  p.  486.'] 

422.  Sale  of  arms  and  liquors  to  Pacific  islanders. 

Mar.  4,  1909.  Whoever,  being  subject  to  the  authority  of  the  United 
tepees8'  act  States,  shall  give,  sell,  or  otherwise  supply  any  arms, 
".14,^1902,  ammiI11ition,  explosive  substance,  intoxicating  liquor,  or 
opium  to  any  aboriginal  native  of  any  of  the  Pacific 
islands  lying  within  the  twentieth  parallel  of  north  lati- 
tude and  the  fortieth  parallel  of  south  latitude,  and  the 
one  hundred  and  twentieth  meridian  of  longitude  west 
and  one  hundred  and  twentieth  meridian  of  longitude 
east  of  Greenwich,  not  being  in  the  possession  or  under 
the  protection  of  any  civilized  power,  shall  be  fined  not 
more  than  fifty  dollars,  or  imprisoned  not  more  than 
three  months,  or  both.  In  addition  to  such  punishment, 
all  articles  of  a  similar  nature  to  those  in  respect  to  which 
an  offense  has  been  committed,  found  in  the  possession  of 


Feb, 
sees 


PART   XLI. MISCELLANEOUS.  453 

the  offender,  may  be  declared  forfeited.  If  it  shall  ap- 
pear to  the  court  that  such  opium,  wine,  or  spirits  have 
been  given  bona  fide  for  medical  purposes,  it  shall  be 
lawful  for  the  court  to  dismiss  the  charge. 

All  offenses  against  the  provisions  of  the  section  last  Sp^-oi-g1909- 
preceding,  committed  on  any  of  said  islands  or  on  the  Repeals'  act 
waters,  rocks,  or  keys  adjacent  thereto,  shall  be  deemed  geecb-314,  1902' 
committed  on  the  high  seas  on  board  a  merchant  ship  or 
vessel  belonging  to  the  United  States,  and  the  courts  of 
the  United  States  shall  have  jurisdiction  accordingly. 
423.  Panama  Canal. 

The  zone  of  land  and  land  under  water  of  the  width  of  A»s-  24»  1912- 
ten  miles  extending  to  the  distance  of  five  miles  on  each 
side  of  the  center  line  of  the  route  of  the  canal  now  being 
constructed  thereon,  which  zone  begins  in  the  Caribbean 
Sea  three  marine  miles  from  mean  low-water  mark  and 
extends  to  and  across  the  Isthmus  of  Panama  into  the 
Pacific  Ocean  to  the  distance  of  three  marine  miles  from 
mean  low-water  mark,  excluding  therefrom  the  cities  of 
Panama  and  Colon  and  their  adjacent  harbors  located 
within  said  zone,  as  excepted  in  the  treaty  with  the  Re- 
public  of  Panama  dated  November  eighteenth,  nineteen 
hundred  and  three,  but  including  all  islands  within  said 
described  zone,  and  in  addition  thereto  the  group  of 
islands  in  the  Bay  of  Panama  named  Perico,  Naos,  Cule- 
bra,  and  Flamenco,  and  any  lands  and  waters  outside  of 
said  limits  above  described  which  are  necessary  or  con- 
venient or  from  time  to  time  may  become  necessary  or 
convenient  for  the  construction,  maintenance,  operation, 
sanitation,  or  protection  of  the  said  canal  or  of  any 
auxiliary  canals,  lakes,  or  other  works  necessary  or  con- 
venient for  the  construction,  maintenance,  operation,  sani- 
tation, or  protection  of  said  canal,  the  use,  occupancy,  or 
control  whereof  were  granted  to  the  United  States  by  the 
treaty  between  the  United  States  and  the  Republic  of 
Panama,  the  ratifications  of  which  were  exchanged  on  the 
twenty-sixth  day  of  February,  nineteen  hundred  and  four, 
shall  be  known  and  designated  as  the  Canal  Zone,  and 
the  canal  now  being  constructed  thereon  shall  hereafter 
be  known  and  designated  as  the  Panama  Canal.  The 
President  is  authorized,  by  treaty  with  the  Republic  of 
Panama,  to  acquire  any  additional  land  or  land  under- 
water not  already  granted,  or  which  was  excepted  from 
the  grant,  that  he  may  deem  necessary  for  the  operation, 
maintenance,  sanitation,  or  protection  of  the  Panama 
Canal,  and  to  exchange  any  land  or  land  under  water  not 
deemed  necessary  for  such  purposes  for  other  land  or  land 
under  water  which  may  be  deemed  necessary  for  such  pur- 
poses, which  additional  land  or  land  under  water  so  ac- 
quired shall  become  part  of  the  Canal  Zone. 


454  NAVIGATION    LAWS   OF    THE    UNITED    STATES. 

sec.  2.  An  laws,  orders,  regulations,  and  ordinances  adopted 

and  promulgated  in  the  Canal  Zone  by  order  of  the  Presi- 
dent for  the  government  and  sanitation  of  the  Canal 
Zone  and  the  construction  of  the  Panama  Canal  are  here- 
by ratified  and  confirmed  as  valid  and  binding  until 
Congress  shall  otherwise  provide.  The  existing  courts 
established  in  the  Canal  Zone  by  Executive  order  are 
recognized  and  confirmed  to  continue  in  operation  until 
the  courts  provided  for  in  this  Act  shall  be  established. 

Bee  3.  The  President  is  authorized  to  declare  by  Executive 

order  that  all  land  and  land  under  water  within  the 
limits  of  the  Canal  Zone  is  necessary  for  the  construction, 
maintenance,  operation,  sanitation,  or  protection  of  the 
Panama  Canal,  and  to  extinguish,  by  agreement  when 
advisable,  all  claims  and  titles  of  adverse  claimants  and 
occupants.  Upon  failure  to  secure  by  agreement  title 
to  any  such  parcel  of  land  or  land  under  water  the  adverse 
claim  or  occupancy  shall  be  disposed  of  and  title  thereto 
secured  in  the  United  States  and  compensation  therefor 
fixed  and  paid  in  the  manner  provided  in  the  aforesaid 
treaty  with  the  Eepublic  of  Panama,  or  such  modifica- 
tion of  such  treaty  as  may  hereafter  be  made. 

sec.  4.  When  in  the  judgment  of  the  President  the  construc- 

tion of  the  Panama  Canal  shall  be  sufficiently  advanced 
toward  completion  to  render  the  further  services  of  the 
Isthmian  Canal  Commission  unnecessary  the  President  is 
authorized  by  Executive  order  to  discontinue  the  Isthmian 
Canal  Commission,  which,  together  with  the  present  or- 
ganization, shall  then  cease  to  exist;  and  the  President 
ts  authorized  thereafter  to  complete,  govern,  and  operate 
jiie  Panama  Canal  and  govern  the  Canal  Zone,  or  cause 
chem  to  be  completed,  governed,  and  operated,  through  a 
governor  of  the  Panama  Canal  and  such  other  persons  as 
ae  may  deem  competent  to  discharge  the  various  duties 
connected  with  the  completion,  care,  maintenance,  sanita- 
tion, operation,  government,  and  protection  of  the  canal 
and  Canal  Zone.  If  any  of  the  persons  appointed  or  em- 
ployed as  aforesaid  shall  be  persons  in  the  military  or 
naval  service  of  the  United  States,  the  amount  of  the  offi- 
cial salary  paid  to  any  such  person  shall  be  deducted  from 
the  amount  of  salary  or  compensation  provided  by  or 
which  shall  be  fixed  under  the  terms  of  this  Act.  The 
governor  of  the  Panama  Canal  shall  be  appointed  by  the 
President,  by  and  with  the  advice  and  consent  of  the 
Senate,  commissioned  for  a  term  of  four  years,  and  until 
his  successor  shall  be  appointed  and  qualified.  He  shall 
receive  a  salary  of  ten  thousand  dollars  a  year.  All  other 
persons  necessary  for  the  completion,  care,  management, 
maintenance,  sanitation,  government,  operation,  and  pro- 
tection of  the  Panama  Canal  and  Canal  Zone  shall  be 
appointed  by  the  President,  or  by  his  authority,  remov- 
able at  his  pleasure,  and  the  compensation  of  such  persons 
shall  be  fixed  by  the  President,  or  by  his  authority,  until 


PART   XLI. MISCELLANEOUS.  455 

such  time  as  Congress  may  by  law  regulate  the  same,  but 
salaries  or  compensation  fixed  hereunder  by  the  President 
shall  in  no  instance  exceed  by  more  than  twenty-five  per 
centum  the  salary  or  compensation  paid  for  the  same  or 
similar  services  to  persons  employed  by  the  Government 
in  continental  United  States.  That  upon  the  completion 
of  the  Panama  Canal  the  President  shall  cause  the  same 
to  be  officially  and  formally  opened  for  use  and  operation. 

Before  the  completion  of  the  canal,  the  Commission  of 
Arts  may  make  report  to  the  President  of  their  recom- 
mendation regarding  the  artistic  character  of  the  struc- 
tures of  the  canal,  such  report  to  be  transmitted  to  Con- 
gress. 

The  President  is  hereby  authorized  to  prescribe  and  Sec.  5. 
from  time  to  time  change  the  tolls  that  shall  be  levied  by 
the  Government  of  the  United  States  for  the  use  of  the 
Panama  Canal :  Provided,  That  no  tolls,  when  prescribed 
as  above,  shall  be  changed,  unless  six  months'  notice 
thereof  shall  have  been  given  by  the  President  by  procla- 
mation. No  tolls  shall  be  levied  upon  vessels  engaged  in 
the  coastwise  trade  of  the  United  States.  That  section 
forty-one  hundred  and  thirty-two  of  the  Revised  Statutes 
is  hereby  amended  to  read  as  follows:  *  *  *  (See 
p.  15.] 

Tolls  may  be  based  upon  gross  or  net  registered  ton-  |une215> 1914- 
nage,  displacement  tonnage,  or  otherwise,  and  may  be 
based  on  one  form  of  tonnage  for  warships  and  another 
for  ships  of  commerce.  The  rate  of  tolls  may  be  lower 
upon  vessels  in  ballast  than  upon  vessels  carrying  pas- 
sengers or  cargo.  When  based  upon  net  registered  ton- 
nage for  ships  of  commerce  the  tolls  shall  not  exceed 
$1.25  per  net  registered  ton,  nor  be  less  than  75  cents  per 
net  registered  ton,  subject,  however,  to  the  provisions  of 
article  nineteen  of  the  convention  between  the  United 
States  and  the  Republic  of  Panama,  entered  into  Novem- 
ber eighteenth,  nineteen  hundred  and  three:  Provided. 
That  the  passage  of  this  Act  shall  not  be  construed  or 
held  as  a  waiver  or  relinquishment  of  any  right  the 
United  States  may  have  under  the  treaty  with  Great 
Britain,  ratified  the  twenty-first  of  February,  nineteen 
hundred  and  two,  or  the  treaty  with  the  Republic  of 
Panama,  ratified  February  twenty-sixth,  nineteen  hun- 
dred and  four,  or  otherwise,  to  discriminate  in  favor  of 
its  vessels  by  exempting  the  vessels  of  the  United  States 
or  its  citizens  from  the  payment  of  tolls  for  passage 
through  said  canal,  or  as  in  any  way  waiving,  impairing, 
or  affecting  any  right  of  the  United  States  under  said 
treaties,  or  otherwise,  with  respect  to  the  sovereignty 
over  or  the  ownership,  control,  and  management  of  said 
canal  and  the  regulation  of  the  conditions  or  charges  of 
traffic  through  the  same.  If  the  tolls  shall  not  be  based 
upon  net  registered  tonnage,  they  shall  not  exceed  the 
equivalent  of  one  dollar  and  twenty-five  cents  per  net 


456  NAVIGATION   LAWS   OP    THE   UNITED   STATES. 

registered  ton  as  nearly  as  the  same  may  be  determined, 
nor  be  less  than  the  equivalent  of  seventy-five  cents  per 
net  registered  ton.  The  toll  for  each  passenger  shall  not 
be  more  than  one  dollar  and  fifty  cents.  The  President 
is  authorized  to  make  and  from  time  to  time  amend  regu- 
lations governing  the  operation  of  the  Panama  Canal, 
and  the  passage  and  control  of  vessels  through  the  same 
or  any  part  thereof,  including  the  locks  and  approaches 
thereto,  and  all  rules  and  regulations  affecting  pilots 
and  pilotage  in  the  canal  or  the  approaches  thereto 
through  the  adjacent  waters. 

Such  regulations  shall  provide  for  prompt  adjustment 
by  agreement  and  immediate  payment  of  claims  for  dam- 
ages which  may  arise  from  injury  to  vessels,  cargo,  or 
passengers  from  the  passing  of  vessels  through  the  locks 
under  the  control  of  those  operating  them  under  such 
rules  and  regulations.  In  case  of  disagreement  suit  may 
be  brought  in  the  district  court  of  the  Canal  Zone  against 
the  governor  of  the  Panama  Canal.  The  hearing  and  dis- 
position of  such  cases  shall  be  expedited  and  the  judg- 
ment shall  be  immediately  paid  out  of  any  moneys 
appropriated  or  allotted  for  canal  operation.  *  *  * 
Sec.  6.  The  President  is  authorized  to  cause  to  be  erected, 

maintained,  and  operated,  subject  to  the  International 
Convention  and  the  Act  of  Congress  to  regulate  radio- 
communication,  at  suitable  places  along  the  Panama 
Canal  and  the  coast  adjacent  to  its  two  terminals,  in 
connection  with  the  operation  of  said  canal,  such  wireless 
telegraphic  installations  as  he  may  deem  necessary  for 
the  operation,  maintenance,  sanitation,  and  protection  of 
said  canal,  and  for  other  purposes.  If  it  is  found  neces- 
sary to  locate  such  installations  upon  territory  of  the 
Eepublic  of  Panama,  the  President  is  authorized  to  make 
such  agreement  with  said  Government  as  may  be  neces- 
sary, and  also  to  provide  for  the  acceptance  and  transmis- 
sion, by  said  system,  of  all  private  and  commercial  mes- 
sages, and  those  of  the  Government  of  Panama,  on  such 
terms  and  for  such  tolls  as  the  President  may  prescribe: 
Provided,  That  the  messages  of  the  Government  of  the 
United  States  and  the  departments  thereof,  and  the 
management  of  the  Panama  Canal,  shall  always  be  given 
precedence  over  all  other  messages.  The  President  is  also 
authorized,  in  his  discretion,  to  enter  into  such  operating 
agreements  or  leases  with  any  private  wireless  company 
or  companies  as  may  best  insure  freedom  from  interfer- 
ence with  the  wireless  telegraphic  installations  established 
by  the  United  States.  The  President  is  also  authorized 
to  establish,  maintain,  and  operate,  through  the  Panama 
Eailroad  Company  or  otherwise,  dry  docks,  repair  shops, 
yards,  docks,  wharves,  warehouses,  storehouses,  and  other 
necessary  facilities  and  appurtenances  for  the  purpose  of 
providing  coal  and  other  materials,  labor,  repairs,  and 
supplies  for  vessels  of  the  Government  of  the  United 


PART   XLI. MISCELLANEOUS.  457 

States  and,  incidentally,  for  supplying  such  at  reasonable 
prices  to  passing  vessels,  in  accordance  with  appropria- 
tions hereby  authorized  to  be  made  from  time  to  time  by 
Congress  as  a  part  of  the  maintenance  and  operation  of 
the  said  canal.  Moneys  received  from  the  conduct  of 
said  business  may  be  expended  and  reinvested  for  such 
purposes  without  being  covered  into  the  Treasury  of  the 
United  States;  and  such  moneys  are  hereby  appropriated 
for  such  purposes,  but  all  deposits  of  such  funds  shall  be 
subject  to  the  provisions  of  existing  law  relating  to  the 
deposit  of  other  public  funds  of  the  United  States,  and 
any  net  profits  accruing  from  such  business  shall  annu- 
ally be  covered  into  the  Treasury  of  the  United  States. 
Monthly  reports  of  such  receipts  and  expenditures  shall 
be  made  to  the  President  by  the  persons  in  charge,  and 
annual  reports  shall  be  made  to  the  Congress. 

The  governor  of  the  Panama  Canal  shall,  in  connection  sec.7. 
with  the  operation  of  such  canal,  have  official  control  and 
jurisdiction  over  the  Canal  Zone  and  shall  perform  all 
duties  in  connection  with  the  civil  government  of  the 
Canal  Zone,  which  is  to  be  held,  treated,  and  governed 
as  an  adjunct  of  such  Panama  Canal.  Unless  in  this  Act- 
otherwise  provided  all  existing  laws  of  the  Canal  Zone 
referring  to  the  civil  governor  or  the  civil  administration 
of  the  Canal  Zone  shall  be  applicable  to  the  governor  of 
the  Panama  Canal,  who  shall  perform  all  such  executive 
and  administrative  duties  required  by  existing  law.  The 
President  is  authorized  to  determine  or  cause  to  be  de- 
termined what  town's  shall  exist  in  the  Canal  Zone  and 
subdivide  and  from  time  to  time  resubdivide  said  Canal 
Zone  into  subdivisions,  to  be  designated  by  name  or  num- 
ber, so  that  there  shall  be  situated  one  town  in  each  sub- 
division, and  the  boundaries  of  each  subdivision  shall  be 
clearly  defined.  In  each  town  there  shall  be  a  magistrate's 
court  with  exclusive  original  jurisdiction  coextensive  with 
the  subdivision  in  which  it  is  situated  of  all  civil  cases  in 
which  the  principal  sum  claimed  does  not  exceed  three 
hundred  dollars,  and  all  criminal  cases  wherein  the 
punishment  that  may  be  imposed  shall  not  exceed  a  fine 
of  one  hundred  dollars,  or  imprisonment  not  exceeding 
thirty  days,  or  both,  and  all  violations  of  police  regula- 
tions and  ordinances  and  all  actions  involving  possession 
or  title  to  personal  property  or  the  forcible  entry  and  de- 
tainer of  real  estate.  Such  magistrates  shall  also  hold 
preliminary  investigations  in  charges  of  felony  and  of- 
fenses under  section  ten  of  this  Act,  and  commit  or  bail 
in  bailable  cases  to  the  district  court.  A  sufficient  num- 
ber of  magistrates  and  constables,  who  must  be  citizens 
of  the  United  States,  to  conduct  the  business  of  such 
courts,  shall  be  appointed  by  the  governor  of  the  Panama 
Canal  for  terms  of  four  years  and  until  their  successors 
are  appointed  and  qualified,  and  the  compensation  of  such 
persons  shall  be  fixed  by  the  President,  or  by  his  au- 


458  NAVIGATION    LAWS   OF   THE   UNITED   STATES. 

thority,  until  such  time  as  Congress  may  by  law  regulate 
the  same.  The  rules  governing  said  courts  and  prescrib- 
ing the  duties  of  said  magistrates  and  constables,  oaths 
and  bonds,  the  times  and  places  of  holding  such  courts, 
the  disposition  of  fines,  costs,  forfeitures,  enforcements  of 
judgments,  providing  for.  appeals  therefrom  to  the  dis- 
trict court,  and  the  disposition,  treatment,  and  pardon  of 
convicts  shall  be  established  by  order  of  the  President. 
The  governor  of  the  Panama  Canal  shall  appoint  all 
notaries  public,  prescribe  their  powers  and  duties,  their 
official  seal,  and  the  fees  to  be  charged  and  collected  by 
them. 

Sec.  s.  There  shall  be  in  the  Canal  Zone  -one  district  court  with 

two  divisions,  one  including  Balboa  and  the  other  includ- 
ing Cristobal;  and  one  district  judge  of  the  said  district, 
who  shall  hold  his  court  in  both  divisions  at  such  time 
as  he  may  designate  by  order,  at  least  once  a  month  in 
each  division.  The  rules  of  practice  in  such  district  court 
shall  be  prescribed  or  amended  by  order  of  the  President. 
The  said  district  court  shall  have  original  jurisdiction 
of  all  felony  cases,  of  offenses  arising  under  section  ten 
of  this  Act,  all  causes  in  equity ;  admiralty  and  all  cases 
at  law  involving  principal  sums  exceeding  three  hundred 
dollars  and  all  appeals  from  judgments  rendered  in 
magistrates'  courts.  The  jurisdiction  in  admiralty  herein 
conferred  upon  the  district  judge  and  the  district  court 
shall  be  the  same  that  is  exercised  by  the  United  States 
district  judges  and  the  United  States  district  courts,  and 
the  procedure  and  practice  shall  also  be  the  same.  The  dis- 
trict court  or  the  judge  thereof  shall  also  have  jurisdiction 
of  all  other  matters  and  proceedings  not  herein  provided 
for  which  are  now  within  the  jurisdiction  of  the  Supreme 
Court  of  the  Canal  Zone,  of  the  Circuit  Court  of  the 
Canal  Zone,  the  District  Court  of  the  Canal  Zone,  or  the 
judges  thereof.  Said  judge  shall  provide  for  the  selec- 
tion, summoning,  serving,  and  compensation  of  jurors 
from  among  the  citizens  of  the  United  States,  to  be  sub- 
ject to  jury  duty  in  either  division  of  such  district,  and 
a  jury  shall  be  had  in  any  criminal  case  or  civil  case  at 
law  originating  in  said  court  on  the  demand  of  either 
party.  There  shall  be  a  district  attorney  and  a  marshal 
for  said  district.     *     *     * 

sec.  9.  All  existing  laws  in  the  Canal  Zone  governing  practice 

and  procedure  in  existing  courts  shall  be  applicable  and 
adapted  to  the  practice  and  procedure  in  the  new  courts. 
The  Circuit  Court  of  Appeals  of  the  Fifth  Circuit  of 
the  United  States  shall  have  jurisdiction  to  review,  re- 
vise, modify,  reverse,  or  affirm  the  final  judgments  and 
decrees  of  the  District  Court  of  the  Canal  Zone  and  to 
render  such  judgments  as  in  the  opinion  of  the  said 
appellate  court  should  have  been  rendered  by  the  trial 
court  in  all  actions  and  proceedings  in  which  the  Con- 
stitution, or  any  statute,  treaty,  title,  right,  or  privilege 
of  the  United  States,  is  involved  and  a  right  thereunder 
denied,  and  in  cases  in  which  the  value  in  controversy 


PART  XLT. MISCELLANEOUS.  459 

exceeds  one  thousand  dollars,  to  be  ascertained  by  the 
oath  of  cither  party,  or  by  other  competent  evidence,  and 
also  in  criminal  causes  wherein  the  offense  charged  is 
punishable  as  a  felony.  And  such  appellate  jurisdiction, 
subject  to  the  right  of  review  by  or  appeal  to  the  Su- 
preme Court  of  the  United  States  as  in  other  cases  au- 
thorized by  law,  may  be  exercised  by  said  circuit  court  of 
appeals  in  the  same  manner,  under  the  same  regulations, 
and  by  the  same  procedure  as  nearly  as  practicable  as  is 
done  in  reviewing  the  final  judgments  and  decrees  of  the 
district  courts  of  the  United  States. 

After  the  Panama  Canal  shall  have  been  completed  Spp- 10 
and  opened  for  operation  the  governor  of  the  Panama 
Canal  shall  have  the  right  to  make  such  rules  and  regu- 
lations, subject  to  the  approval  of  the  President,  touching 
the  right  of  any  person  to  remain  upon  or  pass  over  any 
part  of  the  Canal  Zone  as  may  be  necessary.  Any  person 
violating  any  of  such  rules  or  regulations  shall  be  guilty 
of  a  misdemeanor,  and  on  conviction  in  the  District  Court 
of  the  Canal  Zone  shall  be  punished  by  a  fine  not  exceed- 
ing five  hundred  dollars  or  by  imprisonment  not  exceeding 
a  year,  or  both,  in  the  discretion  of  the  court.  It  shall  be 
unlawful  for  any  person,  by  any  means  or  in  any  way,  to 
injure  or  obstruct,  or  attempt  to  injure  or  obstruct,  any 
part  of  the  Panama  Canal  or  the  locks  thereof  or  the 
approaches  thereto.  Any  person  violating  this  provision 
shall  be  guilty  of  a  felony,  and  on  conviction  in  the  Dis- 
trict Court  of  the  Canal  Zone  shall  be  punished  by  a  fine 
not  exceeding  ten  thousand  dollars  or  by  imprisonment 
not  exceeding  twenty  years,  or  both,  in  the  discretion  of 
the  court.  If  the  act  shall  cause  the  death  of  any  person 
within  a  year  and  a  day  thereafter,  the  person  so^  con- 
victed shall  be  guilty  of  murder  and  shall  be  punished 
accordingly. 

Section  five  of  the  Act  to  regulate  commerce,  approved  Sec- 11- 
February  fourth,  eighteen  hundred  and  eighty-seven,  as 
heretofore  amended,  is  hereby  amended  by  adding  thereto 
a  new  paragraph  at  the  end  thereof,  as  follows : 

"  From  and  after  the  first  day  of  July,  nineteen  hun- 
dred and  fourteen,  it  shall  be  unlawful  for  any  railroad 
company  or  other  common  carrier  subject  to  the  Act 
to  regulate  commerce  to  own,  lease,  operate,  control,  or 
have  any  interest  whatsoever  (by  stock  ownership  or 
otherwise,  either  directly,  indirectly,  through  any  holding 
company,  or  by  stockholders  or  directors  in  common,  or 
in  any  other  manner)  in  any  common  carrier  by  wrater 
operated  through  the  Panama  Canal  or  elsewhere  with 
which  said  railroad  or  other  carrier  aforesaid  does  or 
may  compete  for  traffic  or  any  vessel  carrying  freight  or 
passengers  upon  said  water  route  or  elsewhere  with 
which  said  railroad  or  other  carrier  aforesaid  does  or 
may  compete  for  traffic;  and  in  case  of  the  violation  of 
this  provision  each  day  in  which  such  violation  continues 
shall  be  deemed  a  separate  offense." 


460  NAVIGATION    LAWS   OF   THE   UNITED   STATES. 

Jurisdiction  is  hereby  conferred  on  the  Interstate  Com- 
merce Commission  to  determine  questions  of  fact  as  to 
the  competition  or  possibility  of  competition,  after  full 
hearing,  on  the  application  of  any  railroad  company  or 
other  carrier.  Such  application  may  be  filed  for  the  pur- 
pose of  determining  whether  any  existing  service  is  in 
violation  of  this  section  and  pray  for  an  order  permitting 
the  continuance  of  any  vessel  or  vessels  already  in  opera- 
tion, or  for  the  purpose  of  asking  an  order  to  install  new 
service  not  in  conflict  with  the  provisions  of  this  para- 
graph. The  commission  may  on  its  own  motion  or  the 
application  of  any  shipper  institute  proceedings  to  in- 
quire into  the  operation  of  any  vessel  in  use  by  any  rail- 
road or  other  carrier  which  has  not  applied  to  the  com- 
mission and  had  the  question  of  competition  or  the  pos- 
sibility of  competition  determined  as  herein  provided. 
In  all  such  cases  the  order  of  said  commission  shall  be 
final. 

If  the  Interstate  Commerce  Commission  shall  be  of  the 
opinion  that  any  such  existing  specified  service  by  water 
other  than  through  the  Panama  Canal  is  being  operated 
in  the  interest  of  the  public  and  is  of  advantage  to  the 
convenience  and  commerce  of  the  people,  and  that  such 
extension  will  neither  exclude,  prevent,  nor  reduce  com- 
petition on  the  route  by  water  under  consideration,  the 
Interstate  Commerce  Commission  may,  by  order,  extend 
the  time  during  which  such  service  by  water  may  con- 
tinue to  be  operated  beyond  July  first,  nineteen  hundred 
and  fourteen.  In  every  case  of  such  extension  the  rates, 
schedules,  and  practices  of  such  water  carrier  shall  be 
filed  with  the  Interstate  Commerce  Commission  and  shall 
be  subject  to  the  act  to  regulate  commerce  and  all  amend- 
ments thereto  in  the  same  manner  and  to  the  same  extent 
as  is  the  railroad  or  other  common  carrier  controlling 
such  water  carrier  or  interested  in  any  manner  in  its 
operation:  Provided,  Any  application  for  extension  un- 
der the  terms  of  this  provision  filed  with  the  Interstate 
Commerce  Commission  prior  to  July  first,  nineteen  hun- 
dred and  fourteen,  but  for  any  reason  not  heard  and 
disposed  of  before  said  date,  may  be  considered  and 
granted  thereafter. 

No  vessel  permitted  to  engage  in  the  coastwise  or  for- 
eign trade  of  the  United  States  shall  be  permitted  to 
enter  or  pass  through  said  canal  if  such  ship  is  owned, 
chartered,  operated,  or  controlled  by  any  person  or  com- 
pany which  is  doing  business  in  violation  of  the  pro- 
visions of  the  Act  of  Congress  approved  July  second, 
eighteen  hundred  and  ninety,  entitled  "An  Act  to  pro- 
tect trade  and  commerce  against  unlawful  restraints  and 
monopolies,"  or  the  provisions  of  sections  seventy-three 
to  seventy-seven,  both  inclusive,  of  an  Act  approved 
August  twenty-seventh,  eighteen  hundred  and  ninety- 
four,  entitled  "An  Act  to  reduce  taxation,  to  provide 
revenue  for  the  Government,  and  for  other  purposes,"  or 


PART   XLI. MISCELLANEOUS.  461 

the  provisions  of  any  other  Act  of  Congress  amending 
or  supplementing  the  said  Act  of  July  second,  eighteen 
hundred  and  ninety,  commonly  known  as  the  Sherman 
Antitrust  Act,  and  amendments  thereto,  or  said  sections 
of  the  Act  of  August  twenty-seventh,  eighteen  hundred 
and  ninety-four.  The  question  of  fact  may  be  determined 
by  the  judgment  of  any  court  of  the  United  States  of 
competent  jurisdiction  in  any  cause  pending  before  it  to 
which  the  owners  or  operators  of  such  ship  are  parties. 
Suit  may  be  brought  by  any  shipper  or  by  the  Attorney 
General  of  the  United  States. 

That  section  six  of  said  Act  to  regulate  commerce,  as 
heretofore  amended,  is  hereby  amended  by  adding  a  new 
paragraph  at  the  end  thereof,  as  follows: 

"  When  property  may  be  or  is  transported  from  point 
to  point  in  the  United  States  by  rail  and  water  through 
the  Panama  Canal  or  otherwise,  the  transportation  being 
by  a  common  carrier  or  carriers,  and  not  entirely  within 
the  limits  of  a  single  State,  the  Interstate  Commerce 
Commission  shall  have  jurisdiction  of  such  transportation 
and  of  the  carriers,  both  by  rail  and  by  water,  which  may 
or  do  engage  in  the  same,  in  the  following  particulars,  in 
addition  to  the  jurisdiction  given  by  the  Act  to  regulate 
commerce,  as  amended  June  eighteenth,  nineteen  hundred 
and  ten : 

"(a)  To  establish  physical  connection  between  the  lines 
of  the  rail  carrier  and  the  dock  of  the  water  carrier  by 
directing  the  rail  carrier  to  make  suitable  connection 
between  its  line  and  a  track  or  tracks  which  have  been 
constructed  from  the  dock  to  the  limits  of  its  right  of 
way,  or  by  directing  either  or  both  the  rail  and  water  car- 
rier, individually  or  in  connection  with  one  another,  to 
construct  and  connect  with  the  lines  of  the  rail  carrier 
a  spur  track  or  tracks  to  the  dock.  This  provision  shall 
only  apply  where  such  connection  is  reasonably  practi- 
cable, can' be  made  with  safety  to  the  public,  and  where 
the  amount  of  business  to  be  handled  is  sufficient  to  justify 
the  outlay. 

"  The  commission  shall  have  full  authority  to  determine 
the  terms  and  conditions  upon  which  these  connecting 
tracks,  when  constructed,  shall  be  operated,  and  it  may, 
either  in  the  construction  or  the  operation  of  such  tracks, 
determine  what  sum  shall  be  paid  to  or  by  either  carrier. 
The  provisions  of  this  paragraph  shall  extend  to  cases 
where  the  dock  is  owned  by  other  parties  than  the  carrier 
involved. 

"(b)  To  establish  through  routes  and  maximum  joint 
rates  between  and  over  such  rail  and  water  lines,  and  to 
determine  all  the  terms  and  conditions  under  which  such 
lines  shall  be  operated  in  the  handling  of  the  traffic  em- 
braced. 

"(c)  To  establish  maximum  proportional  rates  by  rail 
to  and  from  the  ports  to  which  the  traffic  is  brought,  or 


462  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

from  which  it  is  taken  by  the  water  carrier,  and  to  de- 
termine to  what  traffic  and  in  connection  with  what  ves- 
sels and  upon  what  terms  and  conditions  such  rates  shall 
apply.  By  proportional  rates  are  meant  those  which 
differ  from  the  corresponding  local  .rates  to  and  from 
the  port  and  which  apply  only  to  traffic  which  has  been 
brought  to  the  port  or  is  carried  from  the  port  by  a  com- 
mon carrier  by  water. 

"(d)  If  any  rail  carrier  subject  to  the  Act  to  regulate 
commerce  enters  into  arrangements  with  any  water  car- 
rier operating  from  a  port  in  the  United  States  to  a 
foreign  country,  through  the  Panama  Canal  or  otherwise, 
for  the  handling  of  through  business  between  interior 
points  of  the  United  States  and  such  foreign  country,  the 
Interstate  Commerce  Commission  may  require  such  rail- 
way to  enter  into  similar  arrangements  with  any  or  all 
other  lines  of  steamships  operating  from  said  port  to  the 
same  foreign  country." 

The  orders  of  the  Interstate  Commerce  Commission  re- 
lating to  this  section  shall  only  be  made  upon  formal  com- 
plaint or  in  proceedings  instituted  by  the  commission  of 
its  own  motion  and  after  full  hearing.  The  orders  pro- 
vided for  in  the  two  amendments  to  the  Act  to  regulate 
commerce  enacted  in  this  section  shall  be  served  in  the 
same  manner  and  enforced  by  the  same  penalties  and  pro- 
ceedings as  are  the  orders  of  the  commission  made  under 
the  provisions  of  section  fifteen  of  the  Act  to  regulate 
commerce,  as  amended  June  eighteenth,  nineteen  hun- 
dred and  ten,  and  they  may  be  conditioned  for  the  pay- 
ment of  any  sum  or  the  giving  of  security  for  the  payment 
of  any  sum  or  the  discharge  of  any  obligation  which  may 
be  required  by  the  terms  of  said  order. 
sec.  12.  All  laws  and  treaties  relating  to  the  extradition  of 

persons  accused  of  crime  in  force  in  the  United  States, 
to  the  extent  that  they  may  not  be  in  conflict  with  or 
superseded  by  any  special  treaty  entered  into  between  the 
United  States  and  the  Republic  of  Panama  with  respect 
to  the  Canal  Zone,  and  all  laws  relating  to  the  rendition 
of  fugitives  from  justice  as  between  the  several  States 
and  Territories  of  the  United  States,  shall  extend  to  arid 
be  considered  in  force  in  the  Canal  Zone,  and  for  such 
purposes  and  such  purposes  only  the  Canal  Zone  shall  be 
considered  and  treated  as  an  organized  Territory  of  the 
United  States. 
Sec- 13-  In  time  of  war  in  which  the  United  States  shall  be  en- 

gaged, or  when,  in  the  opinion  of  the  President,  war  is 
imminent,  such  officer  of  the  Army  as  the  President  may 
designate  shall,  upon  the  order  of  the  President,  assume 
and  have  exclusive  authority  and  jurisdiction  over  the 
operation  of  the  Panama  Canal  and  all  of  its  adjuncts, 
appendants,  and  appurtenances,  including  the  entire  con- 
trol and  government  of  the  Canal  Zone,  and  during  a 
continuance  of  such  condition  the  governor  of  the  Panama 
Canal  shall,  in  all  respects  and  particulars  as  to  the  oper- 


PART   XLI. MISCELLANEOUS.  463 

ation  of  such  Panama  Canal,  an. I  all  duties,  matters,  and 
transactions  affecting  the  Canal  Zone  be  subject  to  the 
order  and  direction  of  such  officer  of  the  Army. 

This  Act  shall  be  known   as.  and  referred  to  as,  the  Sec.i4. 
Panama   Canal   Act.  and  the  right  to  alter,  amend,  or 
repeal  any  or  all  of  its  provisions  or  to  extend,  modify, 
or  annul  any  rule  or  regulation  made  under  its  authority 
is  expressly  reserved. 

Purchases  of  material  and  equipment  for  use  in  the  *a™J5' 1908- 
construction  of  the  Panama  Canal  shall  be  restricted  to  '  ■ 
articles  of  domestic  production  and  manufacture,  from 
the  lowest  responsible  bidder,  unless  the  President  shall, 
in  any  case,  deem  the  bids  or  tenders  therefor  to  be  extor- 
tionate or  unreasonable. 

All  laws  affecting  imports  of  articles,  goods,  wares,  and  Mar.  2,  1905. 
merchandise  and  entry  of  persons  into  the  United  States 
from  foreign  countries  shall  apply  to  articles,  goods, 
wares,  and  merchandise  and  persons  coming  from  the 
Canal  Zone,  Isthmus  of  Panama,  and  seeking  entry  into 
any  State  or  Territory  of  the  United  States  or  the  Dis- 
trict of  Columbia. 

424.  Great  Lakes-Atlantic  Canal. 

The  President  of  the  United  States  is  authorized  to  Mar.  2,  i895. 
appoint,  immediately  after  the  passage  of  this  Act,  three 
persons,  who  shall  have  power  to  meet  and  confer  with 
any  similar  committee  which  may  be  appointed  by  the 
Government  of  Great  Britain  or  of  the  Dominion  of 
Canada,  and  who  shall  make  inquiry  and  report  whether 
it  is  feasible  to  build  such  canals  as  shall  enable  vessels 
engaged  in  ocean  commerce  to  pass  to  and  fro  between  the 
Great  Lakes  and  the  Atlantic  Ocean,  with  an  adequate 
and  controllable  supply  of  water  for  continual  use ;  where 
such  canals  can  be  most  conveniently  located,  the  prob- 
able cost  of  the  same,  with  estimates  in  detail;  and  if  any 
part  of  the  same  should  be  built  in  the  territory  of  Can- 
ada, what  regulations  or  treaty  arrangements  will  be 
necessary  between  the  United  States  and  Great  Britain  to 
preserve  the  free  use  of  such  canal  to  the  people  of  this 
country  at  all  times;  and  all  necessary  facts  and  consid- 
erations relating  to  the  construction  and  future  use  of 
deep-water  channels  between  the  Great  Lakes  and  the 
Atlantic  Ocean.  The  persons  so  appointed  shall  serve 
without  compensation  in  any  form,  but  they  shall  be  paid 
their  actual  traveling  and  other  necessary  expenses,  not 
exceeding  in  all  ten  thousand  dollars,  for  which  purpose 
the  said  sum  of  ten  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary,  is  hereby  appropriated.  The  Presi- 
dent may,  in  his  discretion,  detail  as  one  of  such  persons 
an  officer  of  the  Army  or  Navy. 

425.  Great  Lakes'  levels. 

The  President  of  the  United  States  is  hereby  requested  June  1.3, 1902. 
to  invite  the  Government  of  Great  Britain  to  join  in  the  Sec-4- 


464  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

formation  of  an  international  commission,  to  be  composed 
of  three  members  from  the  United  States  and  three  who 
shall  represent  the  interests  of  the  Dominion  of  Canada, 
whose  duty  it  shall  be  to  investigate  and  report  upon  the 
conditions  and  uses  of  the  waters  adjacent  to  the  bound- 
aiy  lines  between  the  United  States  and  Canada,  includ- 
ing all  of  the  waters  of  the  lakes  and  rivers  whose  natural 
outlet  is  by  the  River  Saint  Lawrence  to  the  Atlantic 
Ocean ;  also  upon  the  maintenance  and  regulation  of  suit- 
able levels;  and  also  upon  the  effect  upon  the  shores  of 
these  waters  and  the  structures  thereon,  and  upon  the  in- 
terests of  navigation,  by  reason  of  the  diversion  of  these 
waters  from  or  change  in  their  natural  flow ;  and,  further, 
to  report  upon  the  necessary  measures  to  regulate  such 
diversion,  and  to  make  such  recommendations  for  im- 
provements and  regulations  as  shall  best  subserve  the  in- 
terests of  navigation  in  said  waters.  The  said  commis- 
sioners shall  report  upon  the  advisability  of  locating  a 
dam  at  the  outlet  of  Lake  Erie,  with  a  view  to  determin- 
ing whether  such  dam  will  benefit  navigation,  and  if  such 
structure  is  deemed  advisable,  shall  make  recommenda- 
tions to  their  respective  Governments  looking  to  an  agree- 
ment or  treaty  which  shall  provide  for  the  construction 
of  the  same,  and  they  shall  make  an  estimate  of  the  prob- 
able cost  thereof.  The  President,  in  selecting  the  three 
members  of  said  Commission  who  shall  represent  the 
United  States,  is  authorized  to  appoint  one  officer  of  the 
Corps  of  Engineers  of  the  United  States  Army,  one  civil 
engineer  well  versed  in  the  hydraulics  of  the  Great  Lakes, 
and  one  laAvyer  of  experience  in  questions  of  international 
and  riparian  law,  and  said  Commission  shall  be  author- 
ized to  employ  such  persons  as  it  may  deem  needful  in 
the  performance  of  the  duties  hereby  imposed;  and  for 
the  purpose  of  paying  the  expenses  and  salaries  of  said 
Commission  the  Secretary  of  "War  is  authorized  to  ex- 
pend from  the  amounts  heretofore  appropriated  for  the 
Saint  Marys  Eiver  at  the  Falls,  the  sum  of  twenty  thou- 
sand dollars,  or  so  much  thereof  as  may  be  necessary  to 
pay  that  portion  of  the  expenses  of  said  Commission 
chargeable  to  the  United  States. 

426.  Employment  of  vessels   of  the  United  States  for  public 
purposes. 

Apr.  28,  1904.  Vessels  of  the  United  States,  or  belonging  to  the  United 
States,  and  no  others,  shall  be  employed  in  the  transpor- 
tation by  sea  of  coal,  provisions,  fodder,  or  supplies  of 
any  description,  purchased  pursuant  to  law,  for  the  use  of 
the  Army  or  Navy  unless  the  President  shall  find  that  the 
rates  of  freight  charges  by  said  vessels  are  excessive  and 
unreasonable,  in  which  case  contracts  shall  be  made  under 
the  law  as  it  now  exists:  Provided,  That  no  greater 
charges  be  made  by  such  vessels  for  transportation  of  ar- 
ticles for  the  use  of  the  said  Army  and  Navy  than  are 
made  by  such  vessels  for  transportation  of  like  goods  for 
private  parties  or  companies. 


PART   XLI. MISCELLANEOUS.  465 

427.  Exemption  of  private  property  at  sea. 

It  is  the  sense  of  the  Congress  of  the  United  States  that  *  «*■•.  Apr. 
it  is  desirable,  in  the  interest  of  uniformity  of  action  by  *" ' 1  °4" 
the  maritime  states  of  the  world  in  time  of  war,  that  the 
President  endeavor  to  bring  about  an  understanding 
among  the  principal  maritime  powers  with  a  view  of  in- 
corporating into  the  permanent  law  of  civilized  nations 
the  principle  of  the  exemption  of  all  private  property  at 
sea,  not  contraband  of  war,  from  capture  or  destruction 
by  belligerents. 

428.  Hospital  ships. 

Hospital  ships,  concerning  which  the  conditions  set Feb-  14>  1908- 
forth  in  articles  one,  two,  and  three  of  the  convention 
concluded  at  The  Hague  on  July  twenty-ninth,  eighteen 
hundred  and  ninety-nine,  for  the  adaptation  to  maritime 
warfare  of  the  principles  of  the  Geneva  convention  of 
August  twenty-second,  eighteen  hundred  and  sixty-four, 
are  fulfilled,  shall,  in  the  ports  of  the  United  States  and 
the  possessions  thereof,  be  exempted,  in  time  of  war,  from 
all  dues  and  taxes  imposed  on  vessels  by  the  laws  of  the 
United  States,  and  from  all  pilotage  charges. 

The  President  of  the  United  States  shall  by  proclama-  Sec- 2- 
tion  name  the  hospital  ships  to  which  this  Act  shall 
apply,  and  shall  indicate  the  time  when  the  exemptions 
herein  provided  for  shall  begin  and  end. 

429.  Sponge  fishing. 

On  and  after  August  fifteenth,  anno  Domini  nineteen  lug.  15,  1914. 
hundred  and  fourteen,  it  shall  be  unlawful  for  any  citizen 
of  the  United  States,  or  person  owing  duty  of  obedience 
to  the  laws  of  the  United  States,  or  any  boat  or  vessel  of 
the  United  States,  or  person  belonging  to  or  on  any  such 
boat  or  vessel,  to  take  or  catch,  by  any  means  or  method, 
in  the  waters  of  the  Gulf  of  Mexico  or  the  Straits  of 
Florida  outside  of  State  territorial  limits,  any  commercial 
sponges  measuring  when  wet  less  than  five  inches  in  their 
maximum  diameter,  or  for  any  person  or  vessel  to  land, 
deliver,  cure,  offer  for  sale,  or  have  in  possession  at  any 
port  or  place  in  the  United  States,  or  on  any  boat  or 
vessel  of  the  United  States,  any  such  commercial  sponges. 

The  presence  of  sponges  of  a  diameter  of  less  than  five  sec.  2. 
inches  on  any  vessel  or  boat  of  the  United  States  engaged 
in  sponging*  in  the  waters  of  the  Gulf  of  Mexico  or  the 
Straits  of  Florida  outside  of  State  territorial  limits,  or 
the  possession  of  any  sponges  of  less  than  the  said  diam- 
eter sold  or  delivered  by  such  vessels,  shall  be  prima  facie 
evidence  of  a  violation  of  this  Act. 

Every  person,  partnership,  or  association  guilty  of  a  Sec.  3. 
violation  of  this  Act  shall  be  liable  to  a  fine  of  not  more 
than  $500,  and  in  addition  such  fine  shall  be  a  lien  against 
the  vessel  or  boat  on  which  the  offense  is  committed,  and 
said  vessel  or  boat  shall  be  seized  and  proceeded  against 
by  process  of  libel  in  any  court  having  jurisdiction  of 
the  offense. 

143562°— 19 30 


4(U)  NAVIGATION    LAWS    OF    THE    UNITED   STATES. 

Sec-  '  Any  violation  of  this  Act  shall  be  prosecuted  in  the  dis- 

trict court  of  the  United  States  of  the  district  wherein 
the  offender  is  found  or  into  which  he  is  first  brought. 

It  shall  be  the  duty  of  the  Secretary  of  Commerce  to 
enforce  the  provisions  of  this  Act,  and  he  is  authorized  to 
empower  such  officers  and  employees  of  the  Department 
of  Commerce  as  he  may  designate,  or  such  officers  and 
employees  of  other  departments  as  may  be  detailed  for 
the  purpose,  to  make  arrests  and  seize  vessels  and 
sponges,  and  upon  his  request  the  Secretary  of  the  Treas- 
ury may  employ  the  vessels  of  the  Revenue  Cutter  Serv- 

Mar  3  I9ir  *ee  or  ^ne  empl°yees  °f  the  Customs  Service  to  that  end. 
For  expenses  in  protecting  the  sponge  fisheries,  includ- 
ing employment  of  inspectors,  watchmen  and  temporary 
assistants,  hire  of  boats,  rental  of  office  and  storage,  care 
of  seized  sponges  and  other  property,  travel,  and  all 
other  expenses  necessary  to  carry  out  the  provisions  of 
the  Act  of  August  fifteenth,  nineteen  hundred  and  four- 
teen, to  regulate  the  sponge  fisheries,  $2,500. 
430.  Liens  on  vessels. 

June  23,  loio.  Any  person  furnishing  repairs,  supplies,  or  other  nec- 
essaries, including  the  use  of  dry  dock  or  marine  railway, 
to  a  vessel,  whether  foreign  or  domestic,  upon  the  order 
of  the  owner  or  owners  of  such  vessel,  or  of  a  person  by 
him  or  them  authorized,  shall  have  a  maritime  lien  on 
the  vessel  which  may  be  enforced  by  a  proceeding  in  rem, 
and  it  shall  not  be  necessary  to  allege  or  prove  that  credit 
was  given  to  the  vessel. 

Sec  2.  The  following  persons  shall  be  presumed  to  have  au- 

thority from  the  owner  or  owners  to  procure  repairs, 
supplies,  and  other  necessaries  for  the  vessel:  The  man- 
aging owner,  ship's  husband,  master,  or  any  person  to 
whom  the  management  of  the  vessel  at  the  port  of  supply 
is  intrusted.  No  person  tortiously  or  unlawfully  in  pos- 
session or  charge  of  a  vessel  shall  have  authority  to  bind 
the  vessel. 

sec.  3.  The  officers  and  agents  of  a  vessel  specified  in  section 

two  shall  be  taken  to  include  such  officers  and  agents 
Avhen  appointed  by  a  charterer,  by  an  owner  pro  hac  vice, 
or  by  an  agreed  purchaser  in  possession  of  the  vessel,  but 
nothing  in  this  Act  shall  be  construed  to  confer  a  lien 
when  the  furnisher  knew,  or  by  the  exercise  of  reason- 
able diligence  could  have  ascertained,  that  because  of  the 
terms  of  a  charter  party,  agreement  for  sale  of  the  vessel, 
or  for  any  other  reason,  the  person  ordering  the  repairs, 
supplies,  or  other  necessaries  was  without  authority  to 
bind  the  vessel  therefor. 

Sec.  4.  Nothing  in  this  Act  shall  be  construed  to  prevent  a 

furnisher  of  repairs,  supplies,  or  other  necessaries  from 
waiving  his  right  to  a  lien  at  any  time,  by  agreement  or 
otherwise,  and  this  Act  shall  not  be  construed  to  affect 
the  rules  of  law  now  existing,  either  in  regard  to  the  right 


PART    XI. I.        MISCE]   I    WKdl'S.  4(')7 

to  proceed  against  a  vessel  for  advances,  or  in  regard  to 
ladies  in  the  enforcement  of  liens  on  vessels,  or  in  regard 
to  the  priority  or  rank  of  liens,  or  in  regard  to  the  right 
to  proceed  in  personam. 

This   Act   shall    supersede  the   provisions  of   all    st;ite  Sec.5. 
statutes  conferring  liens  on  vessels  in  so  far  as  the  same 
purport  to  create  rights  of  action  to  be  enforced  by  pro- 
ceedings in  rem  against  vessels  for  repairs,  supplies,  and 
other  necessaries. 

431.  Enforcement  of  navigation  laws. 

To  enable  the  Secretary  of  Commerce  to  provide  and  Mar.  4,  1915. 
operate  such  motor  boats  and  employ  thereon  such  per- 
sons as  may  be  necessary  for  the  enforcement,  under  his 
direction  by  customs  officers,  of  laws  relating  to  the  navi- 
gation and  inspection  of  vessels,  boarding  of  vessels,  and 
counting  of  passengers  on  excursion  boats,  $22,000. 

To  enable  the  Secretary  of  Commerce  to  employ  tern-  Mar.  4,  ioi5. 
porarily.  in  addition  to  those  now  provided  for  by  law, 
such  other  persons  as  may  be  necessary,  of  whom  not 
more  than  two  at  any  one  time  may  be  employed  in  the 
District  of  Columbia,  to  enforce  the  laws  to  prevent  over- 
crowding of  passenger  and  excursion  vessels,  and  all 
necessary  expenses  in  connection  therewith,  $15,000. 

432.  Licensing  of  customhouse  brokers. 

The  collector  or  chief  officer  of  the  customs  at  any  port  June  10-  1910 
of  entry  or  delivery  shall,  upon  application,  issue  to  any 
person  of  good  moral  character,  being  a  citizen  of  the 
United  States  a  license  to  transact  business  as  a  custom- 
house broker  in  the  collection  district  in  which  such 
license  is  issued,  and  on  and  after  sixty  days  from  the 
approval  of  this  Act  no  person  shall  transact  business  as 
a  custom-house  broker  without  a  license  granted  in  ac- 
cordance with  this  provision;  but  this  Act  shall  not  be  so 
construed  as  to  prohibit  any  person  from  transacting  busi- 
ness at  a  custom-house  pertaining  to  his  own  importations. 

The  collector  or  chief  officer  of  the  customs  may  at  any  Sec.  2. 
time,  for  good  and  sufficient  reasons,  serve  notice  in  writ- 
ing upon  any  custom-house  broker  so  licensed  to  show 
cause  why  said  license  shall  not  be  revoked,  which  notice 
shall  be  in  the  form  of  a  statement  specifically  setting 
forth  the  grounds  of  complaint.  The  collector  or  chief 
officer  of  customs  shall  within  ten  days  thereafter  notify 
the  custom-house  broker  in  writing  of  a  hearing  to  be  held 
before  him  within  five  days  upon  said  charges.  At  such 
hearing  the  custom-house  broker  may  be  represented  by 
counsel,  and  all  proceedings,  including  the  proof  of  the 
charges  and  the  answer  thereto,  shall  be  presented,  with 
right  of  cross-examination  to  both  parties,  and  a  steno- 
graphic record  of  the  same  shall  be  made  and  a  copy 
thereof  shall  be  delivered  to  the  custom-house  broker.  At 
the  conclusion  of  such  hearing  the  collector  or  chief  officer 
of  customs  shall  forthwith  transmit  all  papers  and  the 
stenographic  report  of  the  hearing,  which  shall  consti- 


468  NAVIGATION    LAWS    OF    THE    UNTIED    STATES. 

tute  the  record  in  the  case,  to  the  Secretary  of  the  Treas- 
ury for  his  action.  Thereupon  the  said  Secretary  of  the 
Treasury  shall  have  the  right  to  revoke  the  license  of  any 
custom-house  broker,  in  which  case  formal  notice  shall  be 
given  such  custom-house  broker  within  ten  days. 

Sec.  o.  Any  licensed  custom-house  broker  aggrieved  by  the  de- 

cision of  the  Secretary  of  the  Treasury  may,  within  thirty 
days  thereafter,  and  not  afterwards,  apply  to  the  United 
States  district  court  for  the  district  in  which  the  collec- 
tion district  is  situated  for  a  review  of  such  decision. 
Such  application  shall  be  made  by  filing  in  the  office  of 
the  clerk  of  said  court  a  petition  praying  relief  in  the 
premises.  Thereupon  the  court  shall  immediately  give 
notice  in  writing  of  such  application  to  the  Secretary 
of  the  Treasury,  who  shall  forthwith  transmit  to  said 
court  the  record  and  evidence  taken  in  the  case,  together 
with  a  statement  of  his  decision  therein.  The  filing  of 
such  application  shall  operate  as  a  stay  of  the  revocation 
of  the  license.  The  matter  may  be  brought  on  to  be 
heard  before  the  said  court  in  the  same  manner  as  a 
motion,  by  either  the  United  States  district  attorney  or 
the  attorney  for  the  custom-house  broker,  and  the  deci- 
sion of  said  United  States  district  court  for  the  district 
in  which  the  collection  district  is  situated  shall  be  upon 
the  merits  as  disclosed  by  the  record  and  be  final,  and 
the  proceedings  remanded  to  the  Secretary  of  the  Treas- 
ury for  further  action  to  be  taken  in  accordance  with 
the  terms  of  the  decree. 

sec  4.  The  Secretary  of  the  Treasury  shall  prescribe  regula- 

tions necessary  or  convenient  for  carrying  this  Act  into 
effect. 

sec.  5.  The  word  person  wherever  used  in  this  Act  shall  in- 

clude persons,  copartnerships,  associations,  joint  stock 
associations  and  corporations. 

Mar.  3,  1911.  Hereafter  when  there  is  cargo  space  available  without 
displacing  military  supplies,  transportation  [or  army 
transport]  may  be  provided  for  merchandise  of  Ameri- 
can production  consigned  to  residents  and  mercantile 
firms  of  the  island  of  Guam,  rates  and  regulations  there- 
for to  be  prescribed  by  the  Secretary  of  War. 
433.   Assistance  and  salvage  at  sea. 

Aug.  i,  1912.  The  right  to  remuneration  for  assistance  or  salvage 
services  shall  not  be  affected  by  common  ownership  of  the 
vessels  rendering  and  receiving  such  assistance  or  salvage 
services. 

Sec.  2.  The  master  or  person  in  charge  of  a  vessel  shall,  so  far 

as  he  can  do  so  without  serious  danger  to  his  own  vessel, 
crew,  or  passengers,  render  assistance  to  every  person  who 
is  found  at  sea  in  danger  of  being  lost ;  and  if  he  fails  to 
do  so,  he  shall,  upon  conviction,  be  liable  to  a  penalty  of 
not  exceeding  one  thousand  dollars  or  imprisonment  for 
a  term  not  exceeding  two  years,  or  both. 


TART    XLI.- — MISCELLANEOUS.  460 

Salvors  of  human  life,  who  have  taken   part   in  the    Ser  8- 
service  rendered  on  the  occasion  of  the  accident  giving 
rise  to  salvage,  are  entitled  to  a  fair  share  of  the  remu- 
neration awarded  to  the  salvors  of  the  vessel,  her  cargo, 
and  accessories. 

A  suit  for  the  recovery  of  remuneration  for  rendering  Se&  4- 
assistance  or  salvage  services  shall  not  be  maintainable  if 
brought  later  than  two  years  from  the  date  when  such 
assistance  or  salvage  was  rendered,  unless  the  court  in 
which  the  suit  is  brought  shall  be  satisfied  that  during 
such  period  there  had  not  been  any  reasonable  oppor- 
tunity of  arresting  the  assisted  or  salved  vessel  within  the 
jurisdiction  of  the  court  or  within  the  territorial  waters 
of  the  country  in  which  the  libelant  resides  or  has  his 
principal  place  of  business. 

Nothing  in  this  Act  shall  be  construed  as  applying  to    sec  5. 
ships  of  war  or  to  Government  ships  appropriated  ex- 
clusively to  a  public  service. 

That  hereafter  the  Secretary  of  the  Navy  is  authorized  July  1.  1918- 
to  cause  vessels  under  his  control  adapted  to  the  purpose, 
to  afford  salvage  service  to  public  or  private  vessels  in 
distress:  Provided,  That  when  such  salvage  service  is 
rendered  by  a  vessel  specially  equipped  for  the  purpose 
or  by  a  tug,  the  Secretary  of  the  Navy  may  determine  and 
collect  reasonable  compensation  therefor. 

433  (a).  Vessels  in  ports  of  the  United  States  in  time  of  war. 

Whenever  the  President  by  proclamation  or  Executive  ;*u™  n'J^J- 
order  declares  a  national  emergenc}7  to  exist  by  reason  of 
actual  or  threatened  war,  insurrection,  or  invasion,  or 
disturbance  or  threatened  disturbance  of  the  interna- 
tional relations  of  the  United  States,  the  Secretary  of 
the  Treasury  may  make,  subject  to  the  approval  of  the 
President,  rules  and  regulations  governing  the  anchor- 
age and  movement  of  any  vessel,  foreign  or  domestic,  in 
the  territorial  waters  of  the  United  States,  may  inspect 
such  vessel  at  any  time,  place  guards  thereon,  and,  if 
necessary  in  his  opinion  in  order  to  secure  such  vessels 
from  damage  or  injury,  or  to  prevent  damage  or  injur? 
to  any  harbor  or  waters  of  the  United  States,  or  to  secure 
the  observance  of  the  rights  and  obligations  of  the  United 
States,  may  take,  by  and  with  the  consent  of  the  Presi- 
dent, for  such  purposes,  full  possession  and  control  of 
such  vessel  and  remove  therefrom  the  officers  and  crew 
thereof  and  all  other  persons  not  specially  authorized  by 
him  to  go  or  remain  on  board  thereof. 

Within  the  territory  and  waters  of  the  Canal  Zone  the 
Governor  of  the  Panama  Canal,  with  the  approval  of  the 
President,  shall  exercise  all  the  powers  conferred  by  this 
section  on  the  Secretary  of  the  Treasury. 

If   any    owner,    agent,    master,   officer,   or   person    in     sec.  2. 
charge,  or  any  member  of  the  crew  of  any  such  vessel 


470  NAVIGATION   LAWS   OF  THE   UNITED  STATES. 

fails  to  comply  with  any  regulation  or  rule  issued  or 
order  given  by  the  Secretary  of  the  Treasury  or  the 
Governor  of  the  Panama  Canal  under  the  provisions  of 
this  title,  or  obstructs  or  interferes  with  the  exercise  of 
any  power  conferred  by  this  title,  the  vessel,  together 
with  her  tackle,  apparel,  furniture,  and  equipment,  shall 
be  subject  to  seizure  and  forfeiture  to  the  United  States 
in  the  same  manner  as  merchandise  is  forfeited  for  viola- 
tion of  the  customs  revenue  laws ;  and  the  person  guilty 
of  such  failure,  obstruction,  or  interference  shall  be  fined 
not  more  than  $10,000,  or  imprisoned  not  more  than 
two  years,  or  both. 

Sec-  *■  It  shall  be  unlawful  for  the  owner  or  master  or  any 

other  person  in  charge  or  command  of  any  private  vessel, 
foreign  or  domestic,' or  for  any  member  of  the  crew  or 
other  person,  within  the  territorial  waters  of  the  United 
States,  willfully  to  cause  or  permit  the  destruction  or 
injury  of  such  vessel  or  knowingly  to  permit  said  vessel 
to  be  used  as  a  place  of  resort  for  any  person  conspiring 
with  another  or  preparing  to  commit  any  offense  against 
the  United  States,  or  in  violation  of  the  treaties  of  the 
United  States  or  of  the  obligations  of  the  United  States 
under  the  law  of  nations,  or  to  defraud  the  United  States, 
or  knowingly  to  permit  such  vessels  to  be  used  in  viola- 
tion of  the  rights  and  obligations  of  the  United  States 
under  the  law  of  nations;  and  in  case  such  vessel  shall 
be  so  used,  with  the  knowledge  of  the  owner  or  master 
or  other  person  in  charge  or  command  thereof,  the  vessel, 
together  with  her  tackle,  apparel,  furniture,  and  equip- 
ment, shall  be  subject  to  seizure  and  forfeiture  to  the 
United  States  in  the  same  manner  as  merchandise  is 
forfeited  for  violation  of  the  customs  revenue  laws;  and 
whoever  violates  this  section  shall  be  fined  not  more 
than  $10,000  or  imprisoned  not  more  than  two  years, 
or  both. 

sec.  4.  The  President  may  employ  such  part  of  the  land  or 

naval  forces  of  the  United  States  as  he  may  deem  neces- 
sary to  carry  out  the  purpose  of  this  title. 

433  (b).  Injuring  vessels  engaged  in  foreign  commerce. 
J«ne  is,  i9i7.     Whoever  shall  set  fire  to  any  vessel  of  foreign  registry, 
i.   '  ec'  or  any  vessel  of  American  registry  entitled  to  engage  in 

commerce  with  foreign  nations,  or  to  any  vessel  of  the 
United  States  as  defined  in  section  three  hundred  and  ten 
of  the  Act  of  March  fourth,  nineteen  hundred  and  nine, 
entitled  "An  Act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  or  to  the  cargo  of  the  same, 
or  shall  tamper  with  the  motive  power  or  instrumentali- 
ties of  navigation  of  such  vessel,  or  shall  place  bombs  or 
explosives  in  or  upon  such  vessel,  or  shall  do  any  other 
act  to  or  upon  such  vessel  while  within  the  jurisdiction 
of  the  United  States,  or,  if  such  vessel  is  of  American 


June  15,  1917. 
fitle  IV,  sec.  1. 


June   15,  1917. 
Title  VI,  sec.  1,. 


PART  XLI. — MISCELLANEOUS.  471 

registry,  while  she  is  on  (he  high  sea,  with  intent  to 
injure  or  endanger  (he  safety  of  the  vessel  or  of  her 
cargo,  or  of  persons  on  board,  whether  the  injury  or 
danger  is  so  intended  to  take  place  within  the  jurisdiction 
of  the  United  States,  or  after  the  vessel  shall  have  de- 
parted therefrom;  or  whoever  shall  attempt  or  conspire 
to  do  any  such  acts  with  such  intent,  shall  he  fined  not 
more  than  $10,000  or  imprisoned  not  more  than  twenty 
years,  or  both. 

433  (c).    Interference  with  foreign  commerce  by  violent  means. 

Whoever,  with  intent  to  prevent,  interfere  with,  or 
ol istruct  or  attempt  to  prevent,  interfere  with,  or  obstruct 
the  exportation  to  foreign  countries  of  articles  from  the 
United  States  shall  injure  or  destroy,  by  fire  or  explo- 
sives, such  articles  or  the  places  where  they  may  be  while 
in  such  foreign  commerce,  shall  be  fined  not  more  than 
$10,000,  or  imprisoned  not  more  than  ten  years,  or  both. 

433  (d).   Seizure  of  arms  and  other  articles  intended  for  export. 

Whenever  an  attempt  is  made  to  export  or  ship  from 
or  take  out  of  the  United  States,  any  arms  or  munitions 
of  war,  or  other  articles,  in  violation  of  lawr,  or  whenever 
there  shall  be  known  or  probable  cause  to  believe  that 
'any  such  arms  or  munitions  of  wrar,  or  other  articles,  are 
being  or  are  intended  to  be  exported,  or  shipped  from,  or 
taken  out  of  the  United  States,  in  violation  of  law,  the 
several  collectors,  naval  officers,  surveyors,  inspectors  of 
customs,  and  marshals,  and  deputy  marshals  of  the 
United  States,  and  every  other  person  duly  authorized 
for  the  purpose  by  the  President,  may  seize  and  detain 
any  articles  or  munitions  of  war  about  to  be  exported  or 
shipped  from,  or  taken  out  of  the  United  States,  in  viola- 
tion of  law,  and  the  vessels  or  vehicles  containing  the 
same,  and  retain  possession  thereof  until  released  or  dis- 
posed of  as  hereinafter  directed.  If  upon  due  inquiry  as 
hereinafter  provided,  the  property  seized  shall  appear  to 
have  been  about  to  be  so  unlawfully  exported,  shipped 
from,  or  taken  out  of  the  United  States,  the  same  shall  be 
forfeited  to  the  United  States. 

It  shall  be  the  duty  of  the  person  making  any  seizure 
under  this  title  to  apply,  with  clue  diligence,  to  the  judge 
of  the  district  court  of  the  United  States,  or  to  the  judge 
of  the  United  States  district  court  of  the  Canal  Zone,  or 
to  the  judge  of  a  court  of  first  instance  in  the  Philippine 
Islands,  having  jurisdiction  over  the  place  within  which 
the  seizure  is  made,  for  a  warrant  to  justify  the  further 
detention  of  the  property  so  seized,  which  warrant  shall 
be  granted  only  on  oath  or  affirmation  showing  that  there 
is  known  or  probable  cause  to  believe  that  the  property 
seized  is  being  or  is  intended  to  be  exported  or  shipped 
from  or  taken  out  of  the  United  States  in  violation  of 


472  NAVIGATION   LAWS   OF   THE   UNITED  STATES. 

law,  and  if  the  judge  refuses  to  issue  the  warrant,  or  ap- 
plication therefor  is  not  made  by  the  person  making  the 
seizure  within  a  reasonable  time,  not  exceeding  ten  days 
after  the  seizure,  the  property  shall  forthwith  be  restored 
to  the  owner  or  person  from  whom  seized.  If  the  judge  is 
satisfied  that  the  seizure  was  justified  under  the  provi- 
sions of  this  title  and  issues  his  warrant  accordingly,  then 
the  property  shall  be  detained  by  the  person  seizing  it 
until  the  President,  who  is  hereby  expressly  authorized  so 
to  do,  orders  it  to  be  restored  to  the  owner  or  claimant,  or 
until  it  is  discharged  in  due  course  of  law  on  petition  of 
the  claimant,  or  on  trial  of  condemnation  proceedings, 
as  hereinafter  provided. 

Sec-  3-  The  owner  or  claimant  of  any  property  seized  under 

this  title  may,  at  any  time  before  condemnation  proceed- 
ings have  been  instituted,  as  hereinafter  provided,  file 
his  petition  for  its  restoration  in  the  district  court  of  the 
United  States,  or  the  district  court  of  the  Canal  Zone, 
or  the  court  of  first  instance  in  the  Philippine  Islands, 
having  jurisdiction  over  the  place  in  which  the  seizure 
was  made,  whereupon  the  court  shall  advance  the  cause 
for  hearing  and  determination  with  all  possible  dispatch, 
and,  after  causing  notice  to  be  given  to  the  United  States 
attorney  for  the  district  and  to  the  person  making  the 
seizure,  shall  proceed  to  hear  and  decide  whether  the 
property  seized  shall  be  restored  to  the  petitioner  or 
forfeited  to  the  United  States. 

sec.  4.  Whenever  the  person  making  any  seizure  under  this 

title  applies  for  and  obtains  a  warrant  for  the  detention 
of  the  property,  and  (a)  upon  the  hearing  and  determina- 
tion of  the  petition  of  the  owner  or  claimant  restoration 
is  denied,  or  (b)  the  owner  or  claimant  fails  to  file  a 
petition  for  restoration  within  thirty  days  after  the 
seizure,  the  United  States  attorney  for  the  district 
wherein  it  was  seized,  upon  direction  of  the  Attorney 
General,  shall  institute  libel  proceedings  in  the  United 
States  district  court  or  the  district  court  of  the  Canal 
Zone  or  the  court  of  first  instance  of  the  Philippine 
Islands  having  jurisdiction  over  the  place  wherein  the 
seizure  was  made,  against  the  property  for  condemna- 
tion; and  if,  after  trial  and  hearing  of  the  issues  in- 
volved, the  property  is  condemned,  it  shall  be  disposed 
of  by  sale,  and  the  proceeds  thereof,  less  the  legal  costs 
and  charges,  paid  into  the  Treasury. 

sec.  5.  The  proceedings  in  such  summary  trials  upon  the  peti- 

tion of  the  owner  or  claimant  of  the  property  seized,  as 
well  as  in  the  libel  cases  herein  provided  for  shall  con- 
form, as  near  as  may  be,  to  the  proceedings  in  admiralty, 
except  that  either  party  may  demand  trial  by  jury  of  any 
issue  of  fact  joined  in  such  libel  cases,  and  all  such  pro- 
ceedings shall  be  at  the  suit  of  and  in  the  name  of  the 


PART    XL1. —  M  ISCELLANEOUS. 


473 


United  States:  Provided,  That  upon  the  payment  of  the 
costs  and  legal  expenses  of  both  the  summary  trials  and 
the  libel  proceedings  herein  provided  for,  and  the  execu- 
tion and  delivery  of  a  good  and  sufficient  bond  in  an 
amount  double  the  value  of  the  property  seized,  condi- 
tioned that  it  will  not  be  exported  or  used  or  employed 
contrary  to  the  provisions  of  this  title,  the  court,  in  its 
discretion,  may  direct  that  it  be  delivered  to  the  owners 
thereof  or  to  the  claimants  thereof. 

Except  in  those  cases  in  which  the  exportation  of  arms  Sec-  •• 
and  munitions  of  war  or  other  articles  is  forbidden  by 
proclamation  or  otherwise  by  the  President,  as  provided 
in  section  one  of  this  title,  nothing  herein  contained  shall 
be  construed  to  extend  to,  or  interfere  with  any  trade 
in  such  commodities,  conducted  with  any  foreign  port 
or  place  wheresoever,  or  with  any  other  trade  which 
might  have  been  lawfully  carried  on  before  the  passage 
of  this  title,  under  the  law  of  nations,  or  under  the 
treaties  or  conventions  entered  into  by  the  United  States, 
or  under  the  laws  thereof. 

Upon  payment  of  the  costs  and  legal  expenses  incurred  sec.  7. 
in  any  such  summary  trial  for  possession  or  libel  pro- 
ceedings, the  President  is  hereby  authorized,  in  his  dis- 
cretion, to  order  the  release  and  restoration  to  the  owner 
or  claimant,  as  the  case  may  be,  of  any  property  seized 
or  condemned  under  the  provisions  of  this  title. 

The  President  may  employ  such  part  of  the  land  or    sec.  8. 
naval  forces  of  the  United  States  as  he  may  deem  neces- 
sary to  carry  out  the  purposes  of  this  title. 

433  (e).   Certain  exports  in  time  of  war  unlawful. 

Whenever  during  the  present  war  the  President  shall  iXvh\9«£ 
find  that  the  public  safety  shall  so  require,  and  shall  i- 
make  proclamation  thereof,  it  shall  be  unlawful  to  ex- 
port from  or  ship  from  or  take  out  of  the  United  States 
to  any  country  named  in  such  proclamation  any  article 
or  articles  mentioned  in  such  proclamation,  except  at 
such  time  or  times,  and  under  such  regulations  and  orders, 
and  subject  to  such  limitations  and  exceptions  as  the 
President  shall  prescribe,  until  otherwise  ordered  by  the 
President  or  by  Congress:  Provided,  however,  That  no 
preference  shall  be  given  to  the  ports  of  one  State  over 
those  of  another. 

Any  person  who  shall  export,  ship,  or  take  out,  or  Sec-  2- 
deliver  or  attempt  to  deliver  for  export,  shipment,  or 
taking  out,  any  article  in  violation  of  this  title,  or  of 
any  regulation  or  order  made  hereunder,  shall  be  fined 
not  more  than  $10,000,  or,  if  a  natural  person,  imprisoned 
for  not  more  than  two  years,  or  both;  and  any  article 
so  delivered  or  exported,  shipped,  or  taken  out,  or  so 
attempted  to  be  delivered  or  exported,  shipped,  or  taken 
out,  shall  be  seized  and  forfeited  to  the  United  States; 


471 


NAVIGATION    LAWS   OF  THK    UNITED  STATES. 


Oct  3.   19r 
Title     V  I 
Schedule    A. 


Oct.   6,   1917. 
Sec.  3. 


and  any  officer,  director,  or  agent  of  a  corporation  who 
participates  in  any  such  violation  shall  be  liable  to  like 
fine  or  imprisonment,  or  both. 

Whenever  there  is  reasonable  cause  to  believe  that  any 
vessel,  domestic  or  foreign,  is  about  to  carry  out  of  the 
United  States  any  article  or  articles  in  violation  of  the 
provisions  of  this  title,  the  collector  of  customs  for  the 
district  in  which  such  vessel  is  located  is  hereby  author- 
ized and  empowered,  subject  to  review  by  the  Secretary 
of  Commerce,  to  refuse  clearance  to  any  such  vessel, 
domestic  or  foreign,  for  which  clearance  is  required  by 
law.  and  by  formal  notice  served  upon  the  owners,  mas- 
ter, or  person  or  persons  in  command  or  charge  of  any 
domestic  vessel  for  which  clearance  is  not  required  by 
law,  to  forbid  the  departure  of  such  vessel  from  the  port, 
and  it  shall  thereupon  be  unlawful  for  such  vessel  to 
depart.  Whoever,  in  violation  of  any  of  the  provisions 
of  this  section  shall  take,  or  attempt  to  take,  or  author- 
ize the  taking  of  any  such  vessel,  out  of  port  or  from 
the  jurisdiction  of  the  United  States,  shall  be  fined  not 
more  than  $10,000  or  imprisoned  not  more  than  two 
years,  or  both;  and,  in  addition,  such  vessel,  her  tackle, 
apparel,  furniture,  equipment,  and  her  forbidden  cargo 
shall  be  forfeited  to  the  United  States. 

433  (f).   Stamp  taxes. 

:      8.  Entry  of  any  goods,  wares,  or  merchandise  at  any 

'custom-house,  either   for   consumption   or  warehousing, 

not  exceeding  $100  in  value,  25  cents ;  exceeding  $100  and 

not  exceeding  $500  in  value,  50  cents ;  exceeding  $500  in 

value,  $1. 

9.  Entry  for  the  withdrawal  of  any  goods  or  mer- 
chandise from  customs  bonded  warehouse,  50  cents. 

10.  Passage  ticket,  one  way  or  round  trip,  for  each 
passenger,  sold  or  issued  in  the  United  States  for  passage 
by  any  vessel  to  a  port  or  place  not  in  the  United  States, 
Canada,  or  Mexico,  if  costing  not  exceeding  $30,  $1 :  cost- 
ing more  than  $30  and  not  exceeding  $60,  $3;  costing 
more  than  $60,  $5 :  Provided \  That  such  passage  tickets, 
costing  $10  or  less,  shall  be  exempt  from  taxation. 

433  (g).    Trading  with  the  enemy. 

It  shall  be  unlawful — 

(a)  For  any  person  in  the  United  States,  except  with 
the  license  of  the  President,  granted  to  such  person,  or 
to  the  enemy,  or  ally  of  enemy,  as  provided  in  this  Act, 
to  trade,  or  attempt  to  trade,  either  directly  or  indirectly, 
with,  to,  or  from,  or  for,  or  on  account  of,  or  on  behalf 
of,  or  for  the  benefit  of,  any  other  person,  with  knowl- 
edge or  reasonable  cause  to  believe  that  such  other  per- 
son is  an  enemy  or  ally  of  enemy,  or  is  conducting  or 
taking  part  in  such  trade,  directly  or  indirectly,  for.  or 


PART   XLI. — MISCELLANEOUS.  475 

on  account  of,  or  on  behalf  of,  <>■•  t'<>r  the  benefit  of,  an 
enemy  or  ally  of  enemy. 

(b)  For  any  person,  except  with  the  license  of  the 
President,  to  transport  or  attempt  t<>  transport  into  or 
from  the  United  States,  or"  for  any  owner,  master,  or 
other  person  in  charge  of  a  vessel  of  American  registry 
to  transport  or  attempt  to  transport  from  any  place  to 
any  other  place,  any  subject  or  citizen  of  an  enemy  or 
ally  of  enemy  nation,  with  knowledge  or  reasonable 
cause  to  believe  that  the  person  transported  or  attempted 
to  be  transported  is  such  subject  or  citizen,  Sep 

Whenever  during  the  present  war  the  President  shall 
find  that  the  public  safety  so  requires  and  shall  make 
proclamation  thereof  it  shall  be  unlawful  to  import  into 
the  United  States  from  any  country  named  in  such 
proclamation  any  article  or  articles  mentioned  in  such 
proclamation  except  at  such  time  or  times,  and  under 
such  regulations  or  orders,  and  subject  to  such  limita- 
tions and  exceptions  as  the  President  shall  prescribe,  until 
otherwise  ordered  by  the  President  or  by  Congress: 
Provided,  however.  That  no  preference  shall  be  given  to 
the  ports  of  one  State  over  those  of  another. 

During  the  present  war,  in  addition  to  the  facts  re- 
quired by  sections  forty-one  hundred  and  ninety-seven, 
forty-one  hundred  and  ninety-eight,  and  forty-two  hun- 
dred of  the  Revised  Statutes,  as  amended  by  the  Act  of 
June  fifteenth,  nineteen  hundred  and  seventeen,  to  be  set 
out  in  the  master's  and  shipper's  manifests  before  clear- 
ance will  be  issued  to  vessels  bound  to  foreign  ports,  the 
master  or  person  in  charge  of  any  vessel,  before  departure 
of  such  vessel  from  port,  shall  deliver  to  the  collector  of 
customs  of  the  district  wherein  such  vessel  is  located  a 
statement  duly  verified  by  oath  that  the  cargo  is  not 
shipped  or  to  be  delivered  in  violation  of  this  Act,  and 
the  owners,  shippers,  or  consignors  of  the  cargo  of  such 
vessels  shall  in  like  manner  deliver  to  the  collector  like 
statement  under  oath  as  to  the  cargo  or  the  parts  thereof 
laden  or  shipped  by  them,  respectively,  which  statement 
shall  contain  also  the  names  and  addresses  of  the  actual 
consignees  of  the  cargo,  or  if  the  shipment  is  made  to  a 
bank  or  other  broker,  factor,  or  agent,  the  names  and 
addresses  of  the  persons  who  are  the  actual  consignees  on 
whose  account  the  shipment  is  made.  The  master  or  per- 
son in  control  of  the  vessel  shall,  on  reaching  port  of  des- 
tination of  any  of  the  cargo,  deliver  a  copy  of  the  mani- 
fest and  of  the  said  master's,  owmer's,  shipper's,  or  con- 
signor's statement  to  the  American  consular  officer  of  the 
district  in  which  the  cargo  is  unladen. 

During  the  present  war,  whenever  there  is  reasonable    Sec-  14- 
cause  to  believe  that  the  manifest  or  the  additional  state- 
ments under  oath  required  by  the  preceding  section  are 
false  or  that  any  vessel,  domestic  or  foreign,  is  about  to 


476  NAVIGATION   LAWS    OF   THE    UNITED  STATES. 

carry  out  of  the  United  States  any  property  to  or  for  the 
account  or  benefit  of  an  enemy,  or  ally  of  enemy,  or  any 
property  or  person  whose  export,  taking  out,  or  trans- 
port will  be  in  violation  of  law,  the  collector  of  customs 
for  the  district  in  which  such  vessel  is  located  is  hereby 
authorized  and  empowered  subject  to  review  by  the 
President  to  refuse  clearance  to  any  such  vessel,  domestic 
or  foreign,  for  which  clearance  is  required  by  law,  and  by 
formal  notice  served  upon  the  owners,  master,  or  person 
or  persons  in  command  or  charge  of  any  domestic  vessel 
for  which  clearance  is  not  required  by  law,  to  forbid  the 
departure  of  such  vessel  from  the  port,  and  it  shall  there- 
upon be  unlawful  for  such  vessel  to  depart. 

The  collector  of  customs  shall,  during  the  present  war, 
in  each  case  report  to  the  President  the  amount  of  gold 
or  silver  coin  or  bullion  or  other  moneys  of  the  United 
States  contained  in  any  cargo  intended  for  export.  Such 
report  shall  include  the  names  and  addresses  of  the  con- 
signors and  consignees,  together  with  any  facts  known 
to  the  collector  with  reference  to  such  shipment  and  par- 
ticularly those  which  may  indicate  that  such  gold  or 
silver  coin  or  bullion  or  moneys  of  the  United  States 
may  be  intended  for  delivery  or  may  be  delivered,  directly 
or  indirectly,  to  an  enemy  or  an  ally  of  enemy. 
Sec.  16.  Whoever  shall  willfully  violate  any  of  the  provisions 

of  this  Act  or  of  any  license,  rule,  or  regulation  issued 
thereunder,  and  whoever  shall  willfully  violate,  neglect, 
or  refuse  to  comply  with  any  order  of  the  President 
issued  in  compliance  with  the  provisions  of  this  Act 
shall,  upon  conviction,  be  fined  not  more  than  $10,000, 
or,  if  a  natural  person,  imprisoned  for  not  more  than 
ten  years,  or  both;  and  the  officer,  director,  or  agent  of 
any  corporation  who  knowingly  participates  in  such 
violation  shall  be  punished  by  a  like  fine,  imprisonment, 
or  both,  and  any  property,  funds,  securities,  papers,  or 
other  articles  or  documents,  or  any  vessel,  together  with 
her  tackle,  apparel,  furniture,  and  equipment,  concerned 
in  such  violation  shall  be  forfeited  to  the  United  States. 

433  (h).  Acquisition  of  vessels  by  United  States. 

June  is,  1917.      The  President  is  hereby  authorized  and  empowered, 
within  the  limits  of  the  amounts  herein  authorized — 

(a)  To  place  an  order  with  any  person  for  such  ships 
or  material  as  the  necessities  of  the  Government,  to  be 
determined  by  the  President,  may  require  during  the 
period  of  the  war  and  which  are  of  the  nature,  kind  and 
quantity  usually  produced  or  capable  of  being  produced 
by  such  person. 

(b)  To  modify,  suspend,  cancel,  or  requisition  any  ex- 
isting or  future  contract  for  the  building,  production,  or 
purchase  of  ships  or  material. 


PART  XLI. — MISCELLANEOUS.  477 

(c)  To  require  the  owner  or  occupier  of  any  plant  in 
which  ships  or  materials  arc  built  or  produced  to  place  at 
the  disposal  of  the  United  States  the  whole  or  any  part 
of  the  output  of  such  plant,  to  deliver  such  output  or 
part  thereof  iu  such  quantities  and  at  such  times  as  may 
be  specified  in  the  order. 

(d)  To  requisition  and  take  over  for  use  or  operation 
by  the  United  States  any  plant,  or  any  part  thereof  with- 
out taking  possession  of  the  entire  plant,  whether  the 
United  States  has  or  has  not  any  contract  or  agreement 
with  the  owner  or  occupier  of  such  plant. 

(e)  To  purchase,  requisition,  or  take  over  the  title  to, 
or  the  possession  of,  for  use  or  operation  by  the  United 
States  any  ship  now  constructed  or  in  the  process  of  con- 
struction or  hereafter  constructed,  or  any  part  thereof, 
or  charter  of  such  ship. 

Compliance  with  all  orders  issued  hereunder  shall  be 
obligatory  on  any  person  to  whom  such  order  is  given, 
and  such  order  shall  take  precedence  over  all  other  orders 
and  contracts  placed  with  such  person.  If  any  person 
owning  any  ship,  charter,  or  material,  or  owning,  leasing, 
or  operating  any  plant  equipped  for  the  building  or  pro- 
duction of  ships  or  material  shall  refuse  or  fail  to  comply 
therewith  or  to  give  to  the  United  States  such  preference 
in  the  execution  of  such  order,  or  shall  refuse  to  build, 
supply,  furnish,  or  manufacture  the  kind,  quantities  or 
qualities  of  the  ships  or  material  so  ordered,  at  such  rea- 
sonable price  as  shall  be  determined  by  the  President,  the 
President  may  take  immediate  possession  of  any  ship, 
charter,  material  or  plant  of  such  person,  or  any  part 
thereof  without  taking  possession  of  the  entire  plant,  and 
may  use  the  same  at  such  times  and  in  such  manner  as  he 
may  consider  necessary  or  expedient. 

Whenever  the  United  States  shall  cancel,  modify,  sus- 
pend or  requisition  any  contract,  make  use  of.  assume, 
occupy,  requisition,  acquire  or  take  over  any  plant  or 
part  thereof,  or  any  ship,  charter,  or  material  in  accord- 
ance with  the  provisions  hereof,  it  shall  make  just  com- 
pensation therefor,  to  be  determined  by  the  President ; 
and  if  the  amount  thereof,  so  determined  by  the  Presi- 
dent, is  unsatisfactory  to  the  person  entitled  to  receive 
the  same,  such  person  shall  be  paid  seventy-five  per 
centum  of  the  amount  so  determined  by  the  President 
and  shall  be  entitled  to  sue  the  United  States  to  recover 
such  further  sum.  as  added  to  said  seventy-five  per 
centum,  will  make  up  such  amount  as  will  be  just  com- 
pensation therefor,  in  the  manner  provided  for  by  sec- 
tion twenty-four,  paragraph  twenty,  and  section  one 
hundred  and  forty-five  of  the  Judicial  Code. 

The  President  may  exercise  the  power  and  authority 
hereby  vested  in  him,  and  expend  the  money  herein  and 


478  NAVIGATION   LAWS   OF   THE    UNITED   STATES. 

hereafter  appropriated  through  such  agency  or  agencies 
as  he  shall  determine  from  time  to  time :  Provided,  That 
all  money  turned  over  to  the  United  States  Shipping 
Board  Emergency  Fleet  Corporation  may  be  expended 
as  other  moneys  of  said  corporation  are  now  expended. 
All  ships  constructed,  purchased,  or  requisitioned  under 
authority  herein,  or  heretofore  or  hereafter  acquired  by 
the  United  States,  shall  be  managed,  operated,  and  dis- 
posed of  as  the  President  may  direct. 

The  word  "  person  "  as  used  herein,  shall  include  any 
individual,  trustee,  firm,  association,  company,  corpora- 
tion, or  contractor. 

The  word  "  ship  "  shall  include  any  boat,  vessel,  or 
submarine  and  the  parts  thereof. 

The  word  "  material "  shall  include  stores,  supplies, 
and  equipment  for  ships,  and  everything  required  for 
or  in  connection  with  the  production  thereof. 

The  word  "  plant "  shall  include  any  factory,  work- 
shop, warehouse,  engine  works;  buildings  used  for  manu- 
facture, assembling,  construction,  or  any  process;  any 
shipyard  or  dockyard  and  discharging  terminal  or  other 
facilities  connected  therewith. 

The  words  "United  States"  shall  include  all  lands 
and  waters  subject  to  the  jurisdiction  of  the  United 
States  of  America. 

All  authority  granted  to  the  President  herein,  or  by 
him  delegated,  shall  cease  six  months  after  a  final  treaty 
of  peace  is  proclaimed  between  this  Government  and  the 
German  Empire. 

The  cost  of  purchasing,  requisitioning,  or  otherwise 
acquiring  plants,  material,  charters,  or  ships  now  con- 
structed or  in,  the  course  of  construction  and  the  expedit- 
ing of  construction  of  ships  thus  under  construction  shall 
not  exceed  the  sum  of  $250,000,000,  exclusive  of  the  cost 
of  ships  turnect  over  to  the  Army  and  Navy,  the  expendi- 
ture of  which  is  hereby  authorized,  and  in  executing  the 
authority  granted  by  this  Act  for  such  purpose  the  Presi- 
dent shall  not  expend  or  obligate  the  United  States  to 
expend  more  than  the  said  sum;  and  there  is  hereby 
appropriated  for  said  purpose,  $150,000,000:  Provided, 
That  this  appropriation  shall  be  reimbursed  from  avail- 
able funds  under  the  War  and  Navy  Departments  for 
vessels  turned  over  for  the  exclusive  use  of  those  depart- 
ments or  either  of  them. 

The  cost  of  construction  of  ships  authorized  herein 
shall  not  exceed  the  sum  of  $500,000,000,  the  expenditure 
of  which  is  hereby  authorized,  and  in  executing  the 
authority  granted  herein  for  such  purpose  the  President 
shall  not  expend  or  obligate  the  United  States  to  expend 
more  than  said  sum;  and  there  is  hereby  appropriated 
for  said  purpose,  $250,000,000. 


PART   XLI. — MISCELLANEOUS.  479 

For  the  operation  of  the  ships  herein  authorized  or  in 

any  way  acquired  by  the  United  States,  except  those 
acquired  for  the  Army  or  Navy,  and  for  every  expendi- 
ture incident  thereto,  $5,000,000. 

The  eost  of  purchasing,  requisitioning,  or  otherwise  0ct-  6'  mv* 
acquiring  plants,  material,  charters,  or  ships  now  con- 
structed or  in  the  course  of  construction  and  the  expedit- 
ing of  construction  of  ships  thus  under  construction, 
authorized  by  the  urgent  deficiency  appropriation  Act 
approved  June  fifteenth,  nineteen  hundred  and  seven- 
teen, is  increased  from  $250,000,000  to  $515,000,000,  and 
there  is  appropriated  for  this  purpose  the  sum  of 
$•200,000,000. 

The  cost  of  construction  of  ships  authorized  by  the 
urgent  deficiency  appropriation  Act  approved  June  fif- 
teenth, nineteen  hundred  and  seventeen,  is  increased  from 
$500,000,000  to  $1,234,000,000,  and  there  is  appropriated 
for  this  purpose  the  sum  of  $250,000,000. 

For  the  purchase  of  ships,  other  than  those  heretofore 
or  herein  authorized,  $150,000,000. 

For  the  acquisition  or  establishment  of  plants  suitable 
for  shipbuilding,  or  of  materials  essential  thereto,  and 
for  the  enlargement  or  extension  of  such  plants  as  are 
now,  or  may  be  hereafter  acquired  or  established, 
$35,000,000. 

433  (i).  Priority  shipments. 

*  *  *  Tjllring  the  continuance  of  the  war  in  which  ^ug.  l'o.'mr. 
the  United  States  is  now  engaged  the  President  is  author- 
ized, if  he  finds  it  necessary  for  the  national  defense  and 
security,  to  direct  that  such  traffic  or  such  shipments  Of 
commodities  as,  in  his  judgment,  may  be  essential  to  the 
national  defense  and  security  shall  have  preference  or 
priority  in  transportation  by  any  common  carrier  by  rail- 
road, water,  or  otherwise.  He  may  give  these  directions  at 
and  for  such  times  as  he  may  determine,  and  may  modify, 
change,  suspend,  or  annul  them,  and  for  any  such  purpose 
he  is  hereby  authorized  to  issue  orders  direct,  or  through 
such  person  or  persons  as  he  may  designate  for  the  pur- 
pose or  through  the  Interstate  Commerce  Commission. 
Officials  of  the  United  States,  when  so  designated,  shall 
receive  no  compensation  for  their  services  rendered  here- 
under. Persons  not  in  the  employ  of  the  United  States  so 
designated  shall  receive  such  compensation  as  the  Presi- 
dent may  fix.  Suitable  offices  may  be  rented  and  all  nec- 
essary expenses,  including  compensation  of  persons  so 
designated,  shall  be  paid  as  directed  by  the  President  out 
of  funds  which  may  have  been  or  may  be  provided  to 
meet  expenditures  for  the  national  security  and  defense. 
The  common  carriers  subject  to  the  Act  to  regulate  com- 
merce or  as  many  of  them  as  desire  so  to  do  are  hereby  au- 
thorized without  responsibility  or  liability  on  the  part  of 


480  NAVIGATION   LAWS   OF  THE   UNITED  STATES. 

the  United  States,  financial  or  otherwise,  to  establish  and 
maintain  in  the  city  of  Washington  during  the  period  of 
the  war  an  agency  empowered  by  such  carriers  as  join  in 
the  arrangement  to  receive  on  behalf  of  them  all  notice 
and  service  of  such  orders  and  directions  as  may  be  issued 
in  accordance  with  this  Act,  and  service  upon  such  agency 
shall  be  good  service  as  to  all  the  carriers  joining  in  the 
establishment  thereof.  And  it  shall  be  the  duty  of  any 
and  all  the  officers,  agents,  or  employees  of  such  carriers 
by  railroad  or  water  or  otherwise  to  obey  strictly  and 
conform  promptly  to  such  orders,  and  failure  knowingly 
and  willfully  to  comply  therewith,  or  to  do  or  perform 
whatever  is  necessary  to  the  prompt  execution  of  such 
order,  shall  render  such  officers,  agents,  or  employees 
guilty  of  a  misdemeanor,  and  any  such  officer,  agent,  or 
employee  shall,  upon  conviction,  be  fined  not  more  than 
$5,000,  or  imprisoned  not  more  than  one  year,  or  both,  in 
the  discretion  of  the  court.  For  the  transportation  of 
persons  or  property  in  carrying  out  the  orders  and  direc- 
tions of  the  President,  just  and  reasonable  rates  shall  be 
fixed  by  the  Interstate  Commerce  Commission ;  and  if  the 
transportation  be  for  the  Government  of  the  United 
States,  it  shall  be  paid  for  currently  or  monthly  by  the 
Secretary  of  the  Treasury  out  of  any  funds  not  otherwise 
appropriated.  Any  carrier  complying  with  any  such 
order  or  direction  for  preference  or  priority  herein  au- 
thorized shall  be  exempt  from  any  and  all  provisions  in 
existing  law  imposing  civil  or  criminal  pains,  penalties, 
obligations,  or  liabilities  upon  carriers  by  reason  of  giv- 
ing preference  or  priority  in  compliance  with  such  order 
or  direction. 

433  (j).  United  States  Railroad  Administration. 
Mar.  2i,  1918.  That  the  sum  of  $500,000,000  is  hereby  appropriated, 
out  of  any  moneys  in  the  Treasury  not  otherwise  appro- 
priated, which  together  with  any  funds  available  from 
any  operating  income  of  said  carriers,  may  be  used  by 
the  President  as  a  revolving  fund  for  the  purpose  of 
paying  the  expenses  of  the  Federal  control,  and  so  far 
as  necessary  the  amount  of  just  compensation,  and  to  pro- 
vide terminals,  motive  power,  cars,  and  other  necessary 
equipment,  such  terminals,  motive  power,  cars,  and  equip- 
ment to  be  used  and  accounted  for  as  the  President  may 
direct  and  to  be  disposed  of  as  Congress  may  hereafter 
by  law  provide. 

The  President  may  also  make  or  order  any  carrier  to 
make  any  additions,  betterments,  or  road  extensions,  and 
to  provide  terminals,  motive  power,  cars  and  other  equip- 
ment necessary  or  desirable  for  war  purposes  or  in  the 
public  interest  on  or  in  connection  with  the  property 
of  any  carrier.  He  may  from  said  revolving  fund  ad- 
vance to  such  carrier  all  or  any  part  of  the  expense  of 


PART    XLI. MISCELLANEOUS.  481 

such  additions,  betterments,  or  road  extensions,  and  to 
provide  terminals,  motive  power,  cars,  and  other  neces- 
sary equipment  so  ordered  and  constructed  by  such  car- 
rier or  by  the  President,  such  advances  to  be  charged 
against  such  carrier  and  to  bear  interest  at  such  rate  and 
be  payable  on  such  terms  as  may  be  determined  by  the 
President,  to  the  end  that  the  United  States  may  be  fully 
reimbursed  for  any  sums  so  advanced. 

Any  loss  claimed  by  any  carrier  by  reason  of  any  such 
additions,  betterments,  or  road  extensions  so  ordered  and 
constructed  may  be  determined  by  agreement  between  the 
President  and  such  carrier;  failing  such  agreement  the 
amount  of  such  loss  shall  be  ascertained  as  provided  in 
section  three  hereof. 

From  said  revolving  fund  the  President  may  expend 
such  an  amount  as  he  may  deem  necessary  or  desirable 
for  the  utilization  and  operation  of  canals,  or  for  the 
purchase,  construction,  or  utilization  and  operation  of 
boats,  barges,  tugs,  and  other  transportation  facilities  on 
the  inland,  canal,  and  coastwise  waterways,  and  may  in 
the  operation  and  use  of  such  facilities  create  or  employ 
such  agencies  and  enter  into  such  contracts  and  agree- 
ments as  he  shall  deem  in  the  public  interest. 
143562°— 19 31 


Part  XLIL— LEGAL  PROCEDURE. 


434.  Jurisdiction  of  district  courts.       I  436.   Summary  trial. 

435.  Seizure. 


Mar.  3,  1911 
Sec.  291. 


434.  Jurisdiction  of  district  courts. 

Wherever,  in  any  law  not  embraced,  within  this  Act, 
any  reference  is  made  to,  or  any  power  or  duty  is  con- 
ferred or  imposed  upon,  the  circuit  courts,  such  reference 
shall,  upon  the  taking  effect  of  this  Act,  be  deemed  and 
held  to  refer  to,  and  to  confer  such  power  and  impose 
such  duty  upon,  the  district  courts. 

435.  Seizure. 

sects'  1911"  Proceedings  on  seizures  made  on  the  high  seas,  for  for- 
feiture under  any  law  of  the  United  States,  may  be  prose- 
cuted in  any  district  into  which  the  property  so  seized  is 
brought  and  proceedings  instituted.  Proceedings  on  such 
seizures  made  within  any  district  shall  be  prosecuted  in 
the  district  where  the  seizure  is  made,  except  in  cases 
where  it  is  otherwise  provided. 

sec.  46.  Proceedings  for  the  condemnation  of  any  property  cap- 

tured, whether  on  the  high  seas  or  elsewhere  out  of  the 
limits  of  any  judicial  district,  or  within  any  district,  on 
account  of  its  being  purchased  or  acquired,  sold  or  given, 
with  intent  to  use  or  employ  the  same,  or  to  suffer  it  to 
be  used  or  employed,  in  aiding,  abetting,  or  promoting 
any  insurrection  against  the  Government  of  the  United 
States,  or  knowingly  so  used  or  employed  by  the  owner 
thereof,  or  with  his  consent,  may  be  prosecuted  in  any 
district  where  the  same  may  be  seized,  or  into  which  it 
may  be  taken  and  proceedings  first  instituted. 

sec.  47.  Proceedings  on  seizures  for  forfeiture  of  any  vessel  or 

cargo  entering  any  port  of  entry  which  has  been  closed 
by  the  President  in  pursuance  of  law,  or  of  goods  and 
chattels  coming  from  a  State  or  section  declared  by  proc- 
lamation of  the  President  to  be  in  insurrection  into  other 
parts  of  the  United  States,  or  of  any  vessel  or  vehicle 
conveying  such  property,  or  conveying  persons  to  or  from 
such  State  or  section,  or  of  any  vessel  belonging,  in  whole 
or  in  part,  to  any  inhabitant  of  such  State  or  section,  may 
be  prosecuted  in  any  district  into  which  the  property  so 
seized  may  be  taken  and  proceedings  instituted :  and  the 
district  court  thereof  shall  have  as  full  jurisdiction  over 
such  proceedings  as  if  the  seizure  was  made  in  that  dis- 
trict. 
48U 


PART  XLII. — LEGAL  PROCEDURE. 

When  any  vessel,  goods,  wares,  or  merchandise  arc 
seized  by  an  officer  01  the  customs,  and  prosecuted  for  for- 
feiture by  virtue  of  any  law  respecting  the  revenue,  or  the 
registering  or  recording,  or  the  enrolling  and  licensing  of 
vessels,  the  court  shall  cause  fourteen  days'  notice  to  be 
given  of  such  seizure  and  libel,  by  causing  the  substance 
of  such  libel,  with  the  order  of  the  court  thereon,  setting 
forth  the  time  and  place  appointed  for  trial,  to  be  in- 
serted in  some  newspaper  published  near  the  place  of 
seizure,  and  by  posting  up  the  same  in  the  most  public 
manner  for  the  space  of  fourteen  days,  at  or  near  the 
place  of  trial ;  and  proclamation  shall  be  made  in  such 
manner  as  the  court  shall  direct.  And  if  no  person  ap- 
pears and  claims  such  vessels,  goods,  wares,  or  merchan- 
dise, and  gives  bond  to  defend  the  prosecution  thereof 
and  to  respond  the  cost  in  case  he  shall  not  support  his 
claim,  the  court  shall  proceed  to  hear  and  determine  the 
cause  according  to  law. 

All  vessels,  goods,  wares,  or  merchandise  which  shall  be 
condemned  by  virtue  of  any  law  respecting  the  revenue 
from  imports  or  tonnage,  or  the  registering  and  record- 
ing, or  the  enrolling  or  licensing  of  vessels,  and  for  which 
bonds  shall  not  have  been  given  by  the  claimant,  shall  be 
sold  by  the  marshal  or  other  proper  officer  of  the  court  in 
which  condemnation  shall  be  had,  to  the  highest  bidder, 
at  public  auction,  by  order  of  such  court,  and  at  such 
place  as  the  court  may  appoint,  giving  at  least  fifteen 
days'  notice  (except  in  cases  of  perishable  merchandise) 
in  one  or  more  of  the  public  newspapers  of  the  place 
where  such  sale  shall  be;  or  if  no  paper  is  published  in 
such  place,  in  one  or  more  of  the  papers  published  in  the 
nearest  place  thereto;  for  which  advertising,  a  sum  not 
exceeding  five  dollars  shall  be  paid.  And  the  amount  of 
such  sales,  deducting  all  proper  charges,  shall  be  paid 
within  ten  days  after  such  sale  by  the  persons  selling  the 
same  to  the  clerk  or  other  proper  officer  of  the  court 
directing  such  sale,  to  be  by  him,  after  deducting  the 
charges  allowed  by  the  court,  paid  to  the  collector  of  the 
district  in  which  such  seizure  or  forfeiture  has  taken 
place,  as  hereinbefore  directed. 

In  any  cause  of  admiralty  and  maritime  jurisdiction,  or 
other  case  of  seizure,  depending  in  any  court  of  the  United 
States,  any  judge  of  the  said  court,  in  vacation,  shall  have 
the  same  authority  to  order  any  vessel,  or  cargo,  or  other 
property  to  be  delivered  to  (lie  claimants,  upon  bail  or 
bond,  or  to  be  sold  when  necessary,  as  the  said  court  has 
in  term  time,  and  to  appoint  appraisers,  and  exercise 
every  other  incidental  power  necessary  to  the  complete 
execution  of  the  authority  herein  granted  ;  and  the  recog- 
nizance of  bail  or  bond, under  such  order,  may  be  executed 
before  the  clerk  upon  the  party's  producing  the  certificate 
of  the  collector  of  the  district,  of  the  sufficiency  of  the 


483 


484  NAVIGATION    LAWS   OF    THE    UNITED    STATES. 

security  offered ;  and  the  same  proceedings  shall  be  had  in 
the  case  of  said  order  of  delivery  or  of  sale,  as  are  had 
in  like  cases  when  ordered  in  term  time:  Provided,  That 
upon  every  such  application,  either  for  an  order  of  deliv- 
ery or  of  sale,  the  collector  and  the  attorney  of  the  dis- 
trict shall  have  reasonable  notice  in  cases  of  the  United 
States,  and  the  party  or  counsel  in  all  other  cases. 

k.  s.,  070.  When  in  any  prosecution  commenced  on  account  of  the 

seizure  of  any  vessel,  goods,  wares,  or  merchandise,  made 
by  any  collector  or  other  officer,  under  any  act  of  Con- 
gress authorizing  such  seizure,  judgment  is  rendered  for 
the  claimant,  but  it  appears  to  the  court  that  there  was 
reasonable  cause  of  seizure,  the  court  shall  cause  a  proper 
certificate  thereof  to  be  entered,  and  the  claimant  shall 
not,  in  such  case,  be  entitled  to  costs,  nor  shall  the  person 
who  made  the  seizure,  nor  the  prosecutor,  be  liable  to  suit 
or  judgment  on  account  of  such  suit  or  prosecution :  Pro- 
vided, That  the  vessel,  goods,  wares,  or  merchandise  be, 
after  judgment,  forthwith  returned  to  such  claimant  or 
his  agent. 

r.  s.,  07i.  If,  in  any  suit  against  an  officer  or  other  person  execut- 

ing or  aiding  or  assisting  in  the  seizure  of  goods,  under 
any  act  providing  for  or  regulating  the  collection  of 
duties  on  imports  or  tonnage,  the  plaintiff  is  nonsuited,  or 
judgment  passed  against  him,  the  defendant  shall  recover 
double  costs. 

r.  s.,  078.  When  proceedings  are  had  before  a  court  of  the  United 

States  or  of  the  Territories,  on  several  libels,  against  any 
vessel  and  cargo,  which  might  legally  be  joined  in  one 
libel,  there  shall  not  be  allowed  thereon  more  costs  than 
on  one  libel,  unless  special  cause  for  libeling  the  vessel 
and  cargo  separately  is  satisfactorily  shown  on  motion  in 
open  court.  And  in  proceedings  on  several  libels  or  infor- 
mations against  any  cargo,  or  parts  of  cargo,  or  merchan- 
dise seized  as  forfeited  for  the  same  cause,  there  shall  not 
be  allowed  more  costs  than  would  be  lawful  on  one  libel 
or  information,  whatever  may  be  the  number  of  owners  or 
consignees  therein  concerned.  But  allowance  may  be 
made  on  one  libel  or  information  for  the  costs  incidental 
to  several  claims. 

k.  s.,  070.  When  judgment  is  rendered  in  favor  of  the  claimant  of 

any  vessel  or  other  property   seized  on  behalf  of  the 
United  States,  and  libeled  or  informed  against  as  for- 
feited under  any  law  thereof,  he  shall  be  entitled  to  pos- 
session of  the  same  when  his  own  costs  are  paid. 
436.   Summary  trial. 

r.  s.,  4300.  Whenever  a  complaint  shall  be  made  against  any  mas- 

ter, officer,  or  seaman  of  any  vessel  belonging,  in  whole  or 
in  part,  to  any  citizen  of  the  United  States,  of  the  com- 
mission of  any  offense,  not  capital  or  otherwise  infamous, 
against  any  law  of  the  United  States  made  for  the  protec- 
tion of  persons  or  property  engaged  in  commerce  or  navi- 
gation, it  shall  be  the  duty  of  the  district  attorney  to  in- 


PART    XI.II. — tLEGAL   PROCEDURE.  48! 

yestigate  the  same,  and  the  general  nature  thereof,  and  if. 
in  his  opinion,  the  case  is  such  as  should  be  summarily 
tried,  he  shall  report  the  same  to  the  district  judge,  and 
the  judge  shall  forthwith,  or  as  soon  as  the  ordinary 
business  of  the  court  will  permit,  proceed  to  try  the  cause, 
and  for  that  purpose  may,  if  necessary,  hold  a  special  ses- 
sion of  the  court,  either  in  term  time  or  vacation. 

At  the  summary  trial  of  otl'enses  against  the  laws  for  R. S.,4301. 
the  protection  of  persons  or  property  engaged  in  com- 
merce or  navigation,  it  shall  not  be  necessary  that  the 
accused  shall  have  been  previously  indicted,  but  a  state- 
ment of  complaint,  verified  by  oath  in  writing,  shall  be 
presented  to  the  court,  setting  out  the  offense  in  such 
manner  as  clearly  to  apprise  the  accused  of  the  character 
of  the  offense  complained  of,  and  to  enable  him  to  answer 
the  complaint.  The  complaint  or  statement  shall  be  read 
to  the  accused,  who  may  plead  to  or  answer  the  same,  or 
make  a  counter-statement.  The  trial  shall  thereupon  be 
proceeded  with  in  a  summary  manner,  and  the  case  shall 
be  decided  by  the  court,  unless,  at  the  time  for  pleading  or 
answering,  the  accused  shall  demand  a  jury,  in  which  case 
the  trial  shall  be  upon  the  complaint  and  plea  of  not 
guilty. 

It  shall  be  lawful  for  the  court  to  allow  the  district  n.  s.,  430.?. 
attorney  to  amend  his  statement  of  complaint  at  any 
stage  of  the  proceedings,  before  verdict,  if,  in  the  opinion 
of  the  court,  such  amendment  will  work  no  injustice  to  the 
accused ;  and  if  it  appears  to  the  court  that  the  accused  is 
unprepared  to  meet  the  charge  as  amended,  and  that  an 
adjournment  of  the  cause  will  promote  the  ends  of  justice, 
such  adjournment  shall  be  made,  until  a  further  day,  to 
be  fixed  by  the  court. 

At  the  trial  in  summary  cases,  if  by  jury,  the  United  R  B-  4303- 
States  and  the  accused  shall  each  be  entitled  to  three  per- 
emptory challenges.    Challenges  for  cause,  in  such  cases, 
shall  be  tried  by  the  court  without  the  aid  of  triers. 

It  shall  not  be  lawful  for  the  court  to  sentence  any  per-  R.  s.,  4304. 
son  convicted  in  such  trial  to  any  greater  punishment  than 
imprisonment  in  jail  for  one  year,  or  to  a  fine  exceeding 
five  hundred  dollars,  or  both,  in  its  discretion,  in  those 
cases  where  the  laws  of  the  United  States  authorize  such 
imprisonment  and  fine. 

Ail  the  penalties  and  forfeitures  which  mav  be  incurred  R-  *•>  4305. 
for  offenses  against  this  Title  [R.  S.,  4131-4305]  may  be 
sued  for,  prosecuted,  and  recovered  in  such  court,  and  be 
disposed  of  in  such  manner,  as  any  penalties  and  for- 
feitures which  may  be  incurred  for  offenses  against  the 
laws  relating  to  the  collection  of  duties,  except  when 
otherwise  expressly  prescribed. 


Part  XLIIL— CRIMES. 


437. 

Place  of  trial. 

447. 

Larceny. 

438. 

Murder. 

448. 

Receiver  of  stolen  property 

439. 

Manslaughter. 

449. 

Miscellaneous  offenses. 

440. 

Assault. 

450. 

Forgery. 

441, 

Rape. 

451. 

Ill  treatment  of  crew. 

442. 

Seduction. 

452. 

Mutiny. 

443. 

Death   from    negligence,    miscon- 

453. 

Abandonment  of  seamen. 

duct,  etc. 

454. 

Barratry. 

444. 

Mayhem. 

455. 

Wrecking. 

445. 

Rohhery. 

456. 

Plundering  vessel. 

446. 

Arson. 

457. 

Crimes  on  the  Great  Lakes 

Mar.  3,  1911. 
Sec.  42. 


.far.  4,  1909. 

Sec.  272. 
Repeals  R.  S., 
5339. 


437.   Place  of  trial. 

The  trial  of  all  offenses  committed  upon  the  high  seas 
or  elsewhere,  out  of  the  jurisdiction  of  any  particular 
State  or  district,  shall  be  in  the  district  where  the  of- 
fender is  found,  or  into  which  he  is  first  brought. 

When  any  offense  against  the  United  States  is  begun 
in  one  judicial  district  and  completed  in  another,  it  shall 
be  deemed  to  have  been  committed  in  either,  and  may  be 
dealt  with,  inquired  of,  tried,  determined,  and  punished 
in  either  district,  in  the  same  manner  as  if  it  had  been 
actually  and  wholly  committed  therein. 

All  pecuniary  penalties  and  forfeitures  may  be  sued 
for  and  recovered  either  in  the  district  where  they  accrue 
or  in  the  district  where  the  offender  is  found. 

The  crimes  and  offenses  defined  in  this  chapter  shall  be 
punished  as  herein  prescribed : 

First.  When  committed  upon  the  high  seas,  or  on  any 
other  waters  within  the  admiralty  and  maritime  jurisdic- 
tion of  the  United  States  and  out  of  the  jurisdiction  of 
any  particular  State,  or  when  committed  within  the  ad- 
miralty and  maritime  jurisdiction  of  the  United  States 
and  out  of  the  jurisdiction  of  any  particular  State  on 
board  any  vessel  belonging  in  whole  or  in  part  to  the 
United  States  or  any  citizen  thereof,  or  to  any  corpora- 
tion created  by  or  under  the  laws  of  the  United  States,  or 
of  any  State,  Territory,  or  District  thereof. 

Second.  When  committed  upon  any  vessel  registered, 
licensed,  or  enrolled  under  the  laws  of  the  United  States, 
and  being  on  a  voyage  upon  the  waters  of  any  of  the 
Great  Lakes,  namely:  Lake  Superior,  Lake  Michigan, 
Lake  Huron,  Lake  Saint  Clair,  Lake  Erie,  Lake  Ontario, 
or  any  of  the  waters  connecting  any  of  said  lakes,  or 
upon  the  River  Saint  Lawrence  where  the  same  consti- 
tutes the  International  boundary  line. 

Third.  When  committed  within  or  on  any  lands  re- 
served or  acquired  for  the  exclusive  use  of  the  United 
States,  and  under  the  exclusive  jurisdiction  thereof,  or 
any  place  purchased  or  otherwise  acquired  by  the  United 
States  by  consent  of  the  legislature  of  the  State  in  which 
the  same  shall  be,  for  the  erection  of  a  fort,  magazine, 
arsenal,  dockyard,  or  other  needful  building. 


486 


PART   XI. Til.-  CHIMES,  487 

Fourth.  On  any  island,  rock,  or  key,  containing  de- 
posits of  guano,  which  may.  at  thy  discretion  oi  the 
President,  be  considered  as  appertaining  to  the  United 
States. 

438.  Murder. 

Murder  is  the  unlawful  killing  of  a  human  being  with  s'"'--'::- 
malice  aforethought.  Every  murder  perpetrated  by 
poison,  lying  in  wait,  or  any  other  kind  of  willful,  delib- 
erate, malicious,  and  premeditated  killing;  or  committed 
in  the  perpetration  of,  or  attempt  to  perpetrate,  any  ar- 
son, rape,  burglary,  or  robbery;  or  perpetrated  from  a 
premeditated  design  unlawfully  and  maliciously  to  effect 
the  death  of  any  human  being  other  than  him  who  is 
killed,  is  murder  in  the  first  degree.  Any  other  murder 
is  murder  in  the  second  degree. 

439.  Manslaughter. 

Manslaughter  is  the  unlawful  killing  of  a  human  being  ||°-eJJaR  Si 
without  malice.    It  is  of  two  kinds :  5341. 

Firsts-Voluntary — Upon  a  sudden  quarrel  or  heat  of 
passion. 

Second.  Involuntary — In  the  commission  of  an  unlaw- 
ful act  not  amounting  to  a  felony,  or  in  the  commission  of 
a  lawful  act  which  might  produce  death,  in  an  unlawful 
manner,  or  without  due  caution  and  circumspection. 

Every  person  guilty  of  murder  in  the  first  degree  shall  K*c;erJ^u  s 
suffer  death.  Every  person  guilty  of  murder  in  the  sec- 5340, 5343.' 
ond  degree  shall  be  imprisoned  not  less  than  ten  years 
and  may  be  imprisoned  for  life.  Every  person  guilty  of 
voluntary  manslaughter  shall  be  imprisoned  not  more 
than  tenVears.  Every  person  guilty  of  involuntary  man- 
slaughter shall  be  imprisoned  not  more  than  three  years, 
or  fined  not  exceeding  one  thousand  dollars,  or  both. 

440.  Assault. 

Whoever  shall  assault  another  with  intent  to  commit  le^Ts'R  s 
murder,  or  rape,  shall  be  imprisoned  not  more  than  5345, 5346." 
twenty  years.  Whoever  shall  assault  another  wTith  intent 
to  commit  any  felony,  except  murder,  or  rape,  shall  be 
fined  not  more  than  three  thousand  dollars,  or  imprisoned 
not  more  than  ten  years,  or  both.  Whoever,  with  intent 
to  do  bodily  harm,  and  without  just  cause  or  excuse,  shall 
assault  another  with  a  dangerous  weapon,  instrument,  or 
other  thing,  shall  be  fined  not  more  than  one  thousand 
dollars,  or  imprisoned  not  more  than  five  years,  or  both. 
Whoever  shall  unlawfully  strike,  beat,  or  wound  another, 
shall  be  fined  not  more  than  five  hundred  dollars,  or  im- 
prisoned not  more  than  six  months,  or  both.  Whoever 
shall  unlawfully  assault  another,  shall  be  fined  not  more 
than  three  hundred  dollars,  or  imprisoned  not  more  than 
three  months,  or  both. 

Whoever  shall   attempt   to   commit  murder   or  man-  Repeal!" r.  s., 
slaughter,  except  as  provided  in  the  preceding  section,  5342. 
shall  be  fined  not  more  than  one  thousand  dollars  and  im- 
prisoned not  more  than  three  years. 


488  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

441.  Rape. 

Sec.  278.  Whoever  shall  commit  the  crime  ot  rape  shall  suffer 

Repeals  R.   S.,   i       - 1  l 

534B.  death. 

sec.  279.  Whoever  shall  carnally  and  unlawfully  know  any  fe- 

male under  the  age  of  sixteen  years,  or  shall  be  accessory 
to  such  carnal  and  unlawful  knowledge  before  the  fact, 
shall,  for  a  first  offense,  be  imprisoned  not  more  than 
fifteen  years,  and  for  a  subsequent  offense  be  imprisoned 
not  more  than  thirty  years. 

442.  Seduction. 

Sec.  280  Every  master,  officer,  seaman,  or  other  person  employed 

^Repea  s  .  .,  on  ^oard  0f  any  American  vessel  who,  during  the  voyage, 
under  promise  of  marriage,  or  by  threats,  or  the  exercise 
of  authority,  or  solicitation,  or  the  making  of  gifts  or 
presents,  seduces  and  has  illicit  connection  with  any  fe- 
male passenger,  shall  be  fined  not  more  than  one  thousand 
dollars,  or  imprisoned  not  more  than  one  year,  or  both ; 
but  subsequent  intermarriage  of  the  parties  may  be  plead- 
ed in  bar  of  conviction. 
sec.  28i.  When  a  person  is  convicted  of  a  violation  of  the  section 

535of535i!'  S-'  last  preceding,  the  court  may,  in  its  discretion,  direct  that 
the  amount  of  the  fine,  when  paid,  be  paid  for  the  use 
of  the  female  seduced,  or  her  child,  if  she  have  any ;  but 
no  conviction  shall  be  had  on  the  testimony  of  the  female 
seduced,  without  other  evidence,  nor  unless  the  indictment 
is  found  within  one  year  after  the  arrival  of  the  vessel 
on  which  the  offense  was  committed  at  the  port  of  its 
destination. 

443.  Death  from  negligence,  misconduct,  etc. 

Repeals*  r.  s,  Every  captain,  engineer,  pilot,  or  other  person  em- 
•r'?>44,  and  act  ployed  on  any  steamboat  or  vessel,  by  whose  misconduct, 
sect's. 3'  I9°°'  negligence,  or  inattention  to  his  duties  on  such  vessel  the 
life  of  any  person  is  destroyed,  and  every  owner,  chart- 
erer, inspector,  or  other  public  officer,  through  whose 
fraud,  neglect,  connivance,  misconduct,  or  violation  of 
law  the  life  of  any  person  is  destroyed,  shall  be  fined  not 
more  than  ten  thousand  dollars,  or  imprisoned  not  more 
than  ten  years,  or  both :  Provided.,  That  when  the  owner 
or  charterer  of  any  steamboat  or  vessel  shall  be  a  corpora- 
tion, any  executive  officer  of  such  corporation,  for  the  time 
being  actually  charged  with  the  control  and  management 
of  the  operation,  equipment,  or  navigation  of  such  steam- 
boat or  vessel,  who  has  knowingly  and  willfully  caused 
or  allowed  such  fraud,  neglect,  connivance,  misconduct,  or 
violation  of  law,  by  which  the  life  of  any  person  is  de- 
stroyed, shall  be  fined  not  more  than  ten  thousand  dollars, 
or  imprisoned  not  more  than  ten  years,  or  both. 

444.  Mayhem. 

Repeats  *  r  s       Whoever,  with  intent  to  maim  or  disfigure,  shall  cut, 

5348.  ' "  bite,  or  slit,  the  nose,  ear,  or  lip,  or  cut  out  or  disable 

the  tongue,  or  put  out  or  destroy  an  eye,  or  cut  off  or  dis- 


PART   \i.in.     -CRIMES.  489 

able  a  limb  or  any  member  of  another  person  ;  or  whoever, 
with  Like  intent,  shall  throw  or  pour  upon  another  per- 
son, any  scalding  hot  water,  vitriol,  or  other  corrosive 
acid,  or  caustic  substance  whatever,  shall  be  fined  not 
more  than  one  thousand  dollars,  or  imprisoned  not  more 
than  seven  years,  or  both. 

445.  Robbery. 

Whoever,  by  force  and  violence,  or  by  putting  in  fear,  I6*'2?*-™ 
shall   feloniously  take  from  the  person  or  presence  ofr>:rr£eas 
another  anything  of  value,  shall  be  imprisoned  not  more 
than  fifteen  years. 

446.  Arson. 

Whoever  shall  maliciously  set  fire  to,  burn,  or  attempt  *ec-2?°-r>  Q 

,       ,  i  -.  J  ,  .     .'  ,  ,   *         Repeals  H.  S., 

to  burn,  or  by  any  means  destroy  or  injure,  or  attempt  to  5386. 
destroy  or  injure,  any  arsenal,  armory,  magazine,  rope- 
walk,  ship  house,  warehouse,  blockhouse,  or  barrack,  or 
any  storehouse,  barn,  or  stable,  not  parcel  of  a  dwelling 
house,  or  any  other  building  not  mentioned  in  the  section 
last  preceding,  or  any  vessel  built,  building,  or  undergo- 
ing repair,  or  any  light-house,  or  beacon,  or  any  ma- 
chinery, timber,  cables,  rigging,  or  other  materials  or  ap- 
pliances for  building,  repairing,  or  fitting  out  vessels,  or 
any  pile  of  wood,  boards,  or  other  lumber,  or  any  mili- 
tary, naval,  or  victualing  stores,  arms,  or  other  munitions 
of  war,  shall  be  fined  not  more  than  five  thousand  dol- 
lars and  imprisoned  not  more  than  twenty  years. 

447.  Larceny. 

Whoever  shall  take  and  carry  away,  with  intent  to  sec.  287. 
steal  or  purloin,  any  personal  property  of  another,  shall  sasc6"'8  R'  S" 
be  punished  as  follows :  If  the  property  taken  is  of  a  value 
exceeding  fifty  dollars,  or  is  taken  from  the  person  of 
another,  by  a  fine  of  not  more  than  ten  thousand  dollars, 
or  imprisonment  for  not  more  than  ten  years,  or  both; 
in  all  other  cases,  by  a  fine  of  not  more  than  one  thousand 
dollars,  or  by  imprisonment  not  more  than  one  year,  or 
both.  If  the  property  stolen  consists  of  any  evidence  of 
debt,  or  other  written  instrument,  the  amount  of  money 
due  thereon,  or  secured  to  be  paid  thereby,  and  remaining 
unsatisfied,  or  which  in  any  contingency  might  be  col- 
lected thereon,  or  the  value  of  the  property  the  title  to 
which  is  shown  thereby,  or  the  sum  which  might  be  re- 
covered in  the  absence  thereof,  shall  be  deemed  to  be  the 
value  of  the  property  stolen. 

448.  Receiver  of  stolen  property. 

Whoever  shall  buy,   receive,   or  conceal,  any  money,  Sec  288. 
goods,  bank  notes,  or  other  thing  which  may  be  the  sub-  535?.ealB  R'  S" 
ject  of  larceny,  which  has  been  feloniously  taken,  stolen, 
or  embezzled,  from  any  other  person,  knowing  the  same 
to  have  been  so  taken,  stolen,  or  embezzled,  shall  be  fined 


490  NAVIGATION    LAWS   OF   THE   UNITED   STATES. 

not  more  than  one  thousand  dollars  and  imprisoned  not 
more  than  three  years;  and  such  person  may  be  tried 
cither  before  or  after  the  conviction  of  the  principal 
offender. 

449.  Miscellaneous  offenses. 

Repea?s89R.  s.,  Whoever,  within  the  territorial  limits  of  any  State, 
589i.  'organized  Territory,  or  District,  but  within  or  upon  any 

of  the  places  now  existing  or  hereafter  reserved  or  ac- 
quired, described  in  section  two  hundred  and  seventy-two 
of  this  Act,  shall  do  or  omit  the  doing  of  any  act  or  thing 
which  is  not  made  penal  by  any  law  of  Congress,  but 
which  if  committed  or  omitted  within  the  jurisdiction  of 
the  State,  Territory,  or  District  in  which  such  place  is 
situated,  by  the  laws  thereof  now  in  force  would  be  penal, 
shall  be  deemed  guilty  of  a  like  offense  and  be  subject  to 
a  like  punishment;  and  every  such  State,  Territorial,  or 
District  law  shall,  for  the  purposes  of  this  section,  con- 
tinue in  force,  notwithstanding  any  subsequent  repeal  or 
amendment  thereof  by  any  such  State,  Territory,  or 
District. 

sec.  87.  j^  j.wo  or  more  persons  conspire  either  to  commit  any 

offense  against  the  United  States,  or  to  defraud  the 
United  States  in  any  manner  or  for  any  purpose,  and 
one  or  more  of  such  parties  do  any  act  to  effect  the 
object  of  the  conspiracy,  each  of  the  parties  to  such  con- 
spiracy shall  be  fined  not  more  than  ten  thousand  dollars, 
or  imprisoned  not  more  than  two  years,  or  both. 

sec.  125.  Whoever,  having  taken  an  oath  before  a  competent  tri- 

bunal, officer,  or  person,  in  any  case  in  which  a  law  of 
the  United  States  authorizes  an  oath  to  be  administered, 
that  he  will  testify,  declare,  depose,  or  certify  truly,  or 
that  any  written  testimony,  declaration,  deposition,  or 
certificate  by  him  subscribed,  is  true,  shall  willfully  and 
contrary  to  such  oath  state  or  subscribe  any  material 
matter  which  he  does  not  believe  to  be  true,  is  guilty  of 
perjury,  and  shall  be  fined  not  more  than  two  thousand 
dollars  and  imprisoned  not  more  than  five  years. 

450.  Forgery. 

sec.  72.  Whoever  shall  falsely  make,  forge,  counterfeit,  or  alter 

^Repeals  r.  s„  a^  jnstrument  in  imitation  of,  or  purporting  to  be,  an 
abstract  or  official  copy  or  certificate  of  the  recording, 
registry,  or  enrollment  of  any  vessel,  in  the  office  of  any 
collector  of  the  customs,  or  a  license  to  any  vessel  for  car- 
rying on  the  coasting  trade  or  fisheries  of  the  United 
States,  or  a  certificate  of  ownership,  pass,  passport,  sea 
letter,  or  clearance,  granted  for  any  vessel,  under  the 
authority  of  the  United  States,  or  a  permit,  debenture,  or 
other  official  document  granted  by  any  collector  or  other 
officer  of  the  customs  by  virtue  of  his  office :  or  whoever 
shall  utter,  publish,  or  pass,  or  attempt  to  utter,  publish, 
or  pass,  as  true,  any  such  false,  forged,  counterfeited, 
or  falsely  altered  instrument,  abstract,  official  copy,  cer- 
tificate, iicense,  pass,  passport,  sea  letter,  clearance,  per- 


PABT    XLm. — 'C5BIMES.  491 

mit,  debenture,  or  other  official  document  herein  specified, 
knowing  the  same  to  be  false,  forged,  counterfeited,  or 
falsely  altered,  with  an  intent  to  defraud,  shall  be  fined 
not  more  than  one  thousand  dollars  and  imprisoned  not 
more  than  three  years. 

451.  Ill  treatment  of  crew. 

Whoever,  being  the  master  or  officer  of  a  vessel  of  the  k,:,,,,^1^.  s, 
United  States,  on  the  high  seas,  or  on  any  other  waters &**?• 
within  the  admiralty  and  maritime  jurisdiction  of  the 
United  States,  beats," wounds,  or  without  justifiable  cause. 
imprisons  any  of  the  crew  of  such  vessel,  or  withholds 
from  them  suitable  food  and  nourishment,  or  inHicts 
upon  them  any  cruel  and  unusual  punishment,  shall  be 
fined  not  more  than  one  thousand  dollars,  or  imprisoned 
not  more  than  five  years,  or  both.  Nothing  herein  con- 
tained shall  be  construed  to  repeal  or  modify  section 
forty-six  hundred  and  eleven  of  the  Revised  Statutes. 

452.  Mutiny. 

Whoever,  being  of  the  crew  of  a  vessel  of  the  United  I^^V  s., 
States,  on  the  high  seas,  or  on  any  other  waters  within  ww. 
the  admiralty  and  maritime  jurisdiction  of  the  United 
States,  endeavors  to  make  a  revolt  or  mutiny  on  board 
such  vessel,  or  combines,  conspires,  or  confederates  with 
any  other  person  on  board  to  make  such  revolt  or  mutiny, 
or  solicits,  incites,  or  stirs  up  any  other  of  the  crew  to 
disobey  or  resist  the  lawful  orders  of  the  master  or  other 
officer  of  such  vessel,  or  to  refuse  or  neglect  their  proper 
duty  on  board  thereof,  or  to  betray  their  proper  trust,  or 
assembles  with  others  in  a  tumultuous  and  mutinous  man- 
ner, or  makes  a  riot  on  board  thereof,  or  unlawfully  con- 
fines the  master  or  other  commanding  officer  thereof, 
shall  be  fined  not  more  than  one  thousand  dollars,  or 
imprisoned  not  more  than  five  years,  or  both. 

Whoever,  being  of  the  crew  of  a  vessel  of  the  United  k^;^3^  S-i 
States,  on  the  high  seas,  or  on  any  other  waters  within  sseo. 
the  admiralty  and  maritime  jurisdiction  of  the  United 
States,  unlawfully  and  with  force,  or  by  fraud,  or  in- 
timidation, usurps  the  command  of  such  vessel  from  the 
master  or  other  lawful  officer  in  command  thereof,  or 
deprives  him  of  authority  and  command  on  board,  or 
resists  or  prevents  him  in  the  free  and  lawful  exercise 
thereof,  or  transfers  such  authority  and  command  to 
another  not  lawfully  entitled  thereto,  is  guilty  of  a  re- 
volt and  mutiny,  and  shall  be  fined  not  more  than  two 
thousand  dollars  and  imprisoned  not  more  than  ten  years. 

453.  Abandonment  of  seamen. 

Whoever,  being  master  or  commander  of  a  vessel  of    sec.  295. 
the  United  States,  while  abroad,  maliciously  and  with- 5303pPa 
out  justifiable  cause  forces  any  officer  or  mariner  of  such 
vessel  on  shore,  in  order  to  leave  him  behind  in  any  for- 
eign port  or  place,  or  refuses  to  bring  home  again  all  such 
officers  and  mariners  of  such  vessel  whom  he  carried  out 


492 


NAVTCATION    LAWS    OF    TIIK    FITTED   STATES. 


Sec.    296. 
Repeals   R. 
5364. 


Sec.    297. 
Repeals   R. 
5358. 


Sec.   298. 
Repeals  R. 
5861. 


Sec.    299. 
Repeals  R, 


with  him,  as  are  in  a  condition  to  return  and  willing  to 
return,  when  he  is  ready  to  proceed  on  his  homeward 
voyage,  shall  be  fined  not  more  than  five  hundred  dollars, 
or  imprisoned  not  more  than  six  months,  or  both. 

454.  Barratry. 

"Whoever,  on  the  high  seas,  or  within  the  United  States, 
"  willfully  and  corruptly  conspires,  combines,  and  con- 
federates with  any  other  person,  such  other  person  be- 
ing either  within  or  without  the  United  States,  to  cast 
away  or  otherwise  destroy  any  vessel,  with  intent  to  in- 
jure any  person  that  may  have  underwritten  or  may 
thereafter  underwrite  any  policy  of  insurance  thereon  or 
on  goods  on  board  thereof,  or  with  intent  to  injure  any 
person  that  has  lent  or  advanced,  or  may  lend  or  advance, 
any  money  on  such  vessel  on  bottomry  or  respondentia : 
or  whoever,  within  the  United  States,  builds,  or  fits  out, 
or  aids  in  building  or  fitting  out,  any  vessel  with  intent 
that  the  same  be  cast  away  or  destroyed,  with  the  intent 
hereinbefore  mentioned,  shall  be  fined  not  more  than 
ten  thousand  dollars  and  imprisoned  not  more  than  ten 
years. 

455.  Wrecking. 

"Whoever  plunders,  steals,  or  destroys  any  money, 
'  goods,  merchandise,  or  other  effects,  from  or  belonging  to 
any  vessel  in  distress,  or  wrecked,  lost,  stranded,  or  cast 
away,  upon  the  sea,  or  upon  any  reef,  shoal,  bank,  or 
rocks  of  the  sea,  or  in  any  other  place  within  the  admi- 
ralty and  maritime  jurisdiction  of  the  United  States, 
shall  be  fined  not  more  than  five  thousand  dollars  and  im- 
prisoned not  more  than  ten  years;  and  whoever  willfully 
obstructs  the  escape  of  any  person  endeavoring  to  save 
his  life  from  such  vessel,  or  the  wreck  thereof;  or  who- 
ever holds  out  or  shows  any  false  light,  or  extinguishes 
any  true  light,  with  intent  to  bring  any  vessel  sailing 
upon  the  sea  into  danger,  or  distress,  or  shipwreck,  shall 
be  imprisoned  not  less  than  ten  years  and  may  be  impris- 
oned for  life. 

456.  Plundering  vessel. 

Whoever,  upon  the  high  seas  or  on  any  other  waters 
"within  the  admiralty  and  maritime  jurisdiction  of  the 
United  States,  by  surprise  or  by  open  force,  maliciously 
attacks  or  sets  upon  any  vessel  belonging  to  another,  with 
an  intent  unlawfully  to  plunder  the  same,  or  to  despoil 
any  owner  thereof  of  any  moneys,  goods,  or  merchandise 
laden  on  board  thereof,  shall  be  fined  not  more  than  five 
thousand  dollars  and  imprisoned  not  more  than  ten 
years. 

Whoever,  upon  the  high  seas  or  on  any  other  waters 
'•'within  the  admiralty  and  maritime  jurisdiction  of  the 
United  States,  and  out  of  the  jurisdiction  of  any  particu- 
lar  State,  breaks  or  enters  any  vessel,  with   intent  to 
commit  any  felony,  or  maliciously  cuts,  spoils,  or  de- 


PART    XI, 111. CHIMES.  493 

stroys  any  cordage,  cable,  buoys,  buoy-rope,  head-fast,  or 
other  fast,  fixed  to  the  anchor  or  moorings  belonging  to 
any  vessel,  shall  be  fined  not  more  than  one  thousand 
dollars  and  imprisoned  not  more  than  five  years. 

Whoever,  upon  the  high  seas  or  on  any  other  waters  fgyg  R  8m 
within  the  admiralty  and  maritime  jurisdiction  of  theses. 
United  States,  willfully  and  corruptly  casts  away  or 
otherwise  destroys  any  vessel,  of  which  he  is  owner,  in 
whole  or  in  part,"  with 'intent  to  prejudice  any  person  that 
may  underwrite  any  policy  of  insurance  thereon,  or  any 
merchant  that  may  have'  goods  thereon,  or  any  other 
owner  of  such  vessel,  shall  be  imprisoned  for  life  or  for 
anv  term  of  years. 

Whoever,  not  being  an  owner,  upon  the  high  seas  or  on  gjjgj^  s>> 
any  other  waters  within  the  admiralty  and  maritime  5366,  5367. 
jurisdiction  of  the  United  States,  willfully  and  cor- 
ruptlv  casts  away  or  otherwise  destroys  any  vessel  of  the 
United  States  to  which  he  belongs, 'or,  willfully,  with 
intent  to  destroy  the  same,  sets  fire  to  any  such  vessel,  or 
otherwise  attempts  the  destruction  thereof,  shall  be  im- 
prisoned not  more  than  ten  years. 

The  words  "  vessel  of  the  United  States,"  wherever  Sec-  31°- 
they  occur  in  this  chapter,  shall  be  construed. to  mean  a 
vessel  belonging  in  whole  or  in  part  to  the  United  States, 
or  any  citizen  thereof,  or  any  corporation  created  by 
or  under  the  laws  of  the  United  States,  or  of  any  State, 
Territory,  or  District  thereof. 

457.   Crimes  on  the  Great  Lakes. 

Every  person  who  shall,  upon  any  vessel  registered  or 
enrolled  under  the  laws  of  the  United  States,  and  being 
on  a  voyage  upon  the  waters  of  any  of  the  Great  Lakes, 
namely,'  Lake  Superior.  Lake  Michigan,  Lake  Huron, 
Lake  Saint  Clair,  Lake  Erie,  Lake  Ontario,  or  any  of  the 
waters  connecting  any  of  the  said  lakes,  commit  or  be 
guilty  of  any  of  the  acts,  neglects,  or  omissions,  respec- 
tive^, mentioned  in  chapter  three  [R.  S.,  5339-5301]  of 
title  seventy  of  the  Revised  Statutes  of  the  United  States 
shall,  upon'  conviction  thereof,  be  punished  with  the  same 
punishments  in  the  said  title  and  chapter,  respectively 
affixed  to  the  same  offenses  therein  mentioned,  respec- 
tively. 

The  circuit  and  district  courts  of  the  United  States, 
respectively,  are  hereby  vested  with  the  same  jurisdiction 
in  respect  of  the  offenses  mentioned  in  the  first  section  of 
this  act  that  they  by  law  have  and  possess  in  respect  of 
the  offenses  in  said  chapter  and  title  in  the  first  section  of 
this  act  mentioned,  and  said  courts,  respectively,  are  also 
for  the  purpose  of  this  act  vested  with  all  and  the  same 
jurisdiction  thev,  respectively,  have  by  force  of  title 
thirteen,  chapter  three  [R.  S.,  563-571],  and  title  thir 
teen,  chapter  seven  |R.  S.,  (529-657],  of  the  Revised 
Statutes  of  the  United  States.  [See  act  Mar.  4.  1909,  sec. 
272,  par.  2,  p.  486.] 


Sept.  4,  1890. 


Part  XLIV.— PIRACY. 


R.  S.,  4203. 


458.  Piracy.  |  459.  Crimes  deemed  piracy. 

458.  Piracy. 

The  President  is  authorized  to  employ  so  many  of  the 
public  armed  vessels  as  in  his  judgment  the  service  may 
require,  with  suitable  instructions  to  the  commanders 
thereof  in  protecting  the  merchant  vessels  of  the  United 
States  and  their  crews  from  piratical  aggressions  and 
depredations. 

The  President  is  authorized  to  instruct  the  commanders 
of  the  public  armed  vessels  of  the  United  States  to  sub- 
due, seize,  take,  and  send  into  any  port  of  the  United 
States,  any  armed  vessel  or  boat,  or  any  vessel  or  boat,  the 
crew  whereof  shall  be  armed,  and  which  shall  have  at- 
tempted or  committed  any  piratical  aggression,  search, 
restraint,  depredation,  or  seizure,  upon  any  vessel  of  the 
United  States,  or  of  the  citizens  thereof,  or  upon  any 
other  vessel ;  and  also  to  retake  any  vessel  of  the  United 
States,  or  its  citizens,  which  may  have  been  unlawfully 
captured  upon  the  high  seas. 

The  commander  and  crew  of  any  merchant-vessel  of 
the  United  States,  owned  wholly,  or  in  part,  by  a  citizen 
thereof,  may  oppose  and  defend  against  any  aggression, 
search,  restraint,  depredation,  or  seizure,  which  shall  be 
attempted  upon  such  vessel,  or  upon  any  other  vessel  so 
owned,  by  the  commander  or  crew  of  any  armed  vessel 
whatsoever,  not  being  a  public  armed  vessel  of  some 
nation  in  amity  with  the  United  States,  and  may  subdue 
and  capture  the  same ;  and  may  also  retake  any  vessel  so 
owned  which  may  have  been  captured  by  the  commander 
or  crew  of  any  such  armed  vessel,  and  send  the  same  into 
any  port  of  the  United  States. 

Whenever  any  vessel,  which  shall  have  been  built,  pur- 
chased, fitted  out  in  whole  or  in  part,  or  held  for  the  pur- 
pose of  being  employed  in  the  commission  of  any  piratical 
aggression,  search,  restraint,  depredation,  or  seizure,  or 
in  the  commission  of  any  other  act  of  piracy  as  defined 
by  the  law  of  nations,  or  from  which  any  piratical  aggres- 
sion, search,  restraint,  depredation,  or  seizure  shall  have 
been  first  attempted  or  made,  is  captured  and  brought 
into  or  captured  in  any  port  of  the  United  States,  the 
same  shall  be  adjudged  and  condemned  to  their  use,  and 
that  of  the  captors  after  due  process  and  trial  in  any 


PART    \UV. —  I'll;  \.CY.  195 

court  having  admiralty  jurisdiction,  and  which  shall  be 
holden  for  the  district  into  which  such  captured  vessel 
shall  be  brought;  and  the  same  court  shall  thereupon 
order  a  sale  and  distribution  thereof  accordingly,  and  at 
its  discretion. 

Any  vessel  built,  purchased,  fitted  out  in  whole  or  in  R-s-4297- 
part,  or  held  for  the  purpose  of  being  employed  in  the 
commission  of  any  piratical  aggression,  search,  restraint, 
depredation,  or  seizure,  or  in  the  commission  of  any  other 
act  of  piracy,  as  defined  by  the  law  of  nations,  shall  be 
liable  to  be  captured  and  brought  into  any  port  of  the 
United  States  if  found  upon  the  high  seas,  or  to  be  seized 
if  found  in  port  or  place  -within  the  United  States, 
whether  the  same  shall  have  actually  sailed  upon  any 
piratical  expedition  or  not.  and  whether  any  act  of  piracy 
shall  have  been  committed  or  attempted  upon  or  from 
such  vessel  or  not;  and  any  such  vessel  may  be  adjudged 
and  condemned,  if  captured  by  a  vessel  authorized  as 
hereinafter  mentioned,  to  the  use  of  the  United  States 
and  to  that  of  the  captors,  and  if  seized  by  a  collector, 
surveyor,  or  marshal,  then  to  the  use  of  the  United  States. 

The  President  is  authorized  to  instruct  the  commanders  R  s.,  4-ss. 
of  the  public  armed  vessels  of  the  United  States,  and  to 
authorize  the  commanders  of  any  other  armed  vessels  sail- 
ing under  the  authority  of  any  letters  of  marque  and 
reprisal  granted  by  Congress,  or  the  commanders  of  any 
other  suitable  vessels,  to  subdue,  seize,  take,  and.  if  on 
the  high  seas,  to  send  into  any  port  of  the  United  States, 
any  vessel  or  boat  built,  purchased,  fitted  out,  or  held  as 
mentioned  in  the  preceding  section. 

The  collectors  of  the  several  ports  of  entry,  the  survey-  I:-  s  •  ' -'•''•' 
ors  of  the  several  ports  of  delivery,  and  the  marshals  of 
the  several  judicial  districts  within  the  United  States, 
shall  seize  any  vessel  or  boat  built,  purchased,  fitted  out, 
or  held  as  mentioned  in  section  forty-two  hundred  and 
ninety-seven,  which  may  be  found  within  their  respective 
ports  or  districts,  and  to  cause  the  same  to  be  proceeded 
against  and  disposed  of  as  provided  by  that  section. 
459.    Crimes  deemed  piracy. 

Whoever,  on  the  high  seas,  commits  the  crime  of  piracy   ^ar-  *' 1909- 
as   defined   by  the   law    of  nations,    and   is   afterwards   ^.']M~"js-u  s 
brought  into  or  found  in  the  United  States,  shall  be  im-  5368. 
prisoned  for  life. 

Whoever,  being  a  seaman,  lays  violent  hands  upon  his   |ec*294" 
commander,  thereby  to  hinder  and  prevent  his  fighting  in  53II' 
defense  of  his  vessel  or  the  goods  intrusted  to  him.  is  a 
pirate,  and  shall  be  imprisoned  for  life. 

Whoever,  being  engaged  in  any  piratical  cruise,  or  en-  Sec.302. 
terprise,  or  being  of  the  crew  of   any   piratical    vessel,  gJffeals  R- Si 
lands  from  such  vessel,  and  on  shore  commits  robbery,  is 
a  pirate,  and  shall  be  imprisoned  for  life. 


49b'  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

Bec- 304-  t  Whoever,  being  a  citizen  of  the  United  States,  commits 
Repeals  r.  s.,  ;inv  mur(jer  or  robbery,  or  any  act  or  hostility  against  the 
United  States,  or  against  any  citizen  thereof,  on  the  high 
seas,  under  color  of  any  commission  from  any  foreign 
prince,  or  state,  or  on  pretense  of  authority  from  any  per- 
son, is,  notwithstanding  the  pretense  of  such  authority,  a 
pirate,  and  shall  be  imprisoned  for  life. 

Sec.  305.  "Whoever,  being  a  citizen  or  subject  of  any  foreign  state, 

5374.eals  R'  S"  ^s  f°und  and  taken  on  the  sea  making  war  upon  the 
United  States,  or  cruising  against  the  vessels  and  prop- 
erty thereof,  or  of  the  citizens  of  the  same,  contrary  to  the 
provisions  of  any  treaty  existing  between  the  United 
States  and  the  state  of  which  the  offender  is  a  citizen  or 
subject,  when  by  such  treaty  such  acts  are  declared  to  be 
piracy,  is  guiltv  of  piracy,  and  shall  be  imprisoned  for 
life. 

sec.  3oc.  Whoever,  being  a  captain  or  other  officer  or  mariner  of 

rR|PeaIS  R-  s-  a  vessel  upon  the  high  seas  or  on  any  other  waters  within 
the  admiralty  and  maritime  jurisdiction  of  the  United 
States,  piratically  or  feloniously  runs  away  with  such  ves- 
sel, or  with  any  goods  or  merchandise  thereof,  to  the  value 
of  fifty  dollars,  or  who  yields  up  such  vessel  voluntarily 
to  any  pirate,  shall  be  fined  not  more  than  ten  thousand 
dollars,  or  imprisoned  not  more  than  ten  years,  or  both. 

Sec.  30-.  YThoever  attempts  or  endeavors  to  corrupt  any  com- 

538l>eals  R*  S''  mander,  master,  officer,  or  mariner  to  yield  up  or  to  run 
away  with  any  vessel,  or  with  any  goods,  wares,  or  mer- 
chandise, or  to  turn  pirate,  or  to  go  over  to  or  confederate 
with  pirates,  or  in  any  wise  to  trade  with  any  pirate. 
knowing  him  to  be  such,  or  furnishes  such  pirate  with  any 
ammunition,  stores,  or  provisions  of  any  kind,  or  fits  out 
any  vessel  knowingly  and,  with  a  design  to  trade  with, 
supply,  or  correspond  with  any  pirate  or  robber  upon  the 
seas :  or  whoever  consults,  combines,  confederates,  or  cor- 
responds with  any  pirate  or  robber  upon  the  seas,  know- 
ing him  to  be  guilty  of  any  piracy  or  robbery ;  or  whoever, 
being  a  seaman,  confines  the  master  of  any  vessel,  shall  be 
fined  not  more  than  one  thousand  dollars  and  imprisoned 
not  more  than  three  years. 

sec.  3io.  The  words  "  vessel  of  the  United  States,"  wherever  they 

occur  in  this  chapter,  shall  be  construed  to  mean  a  vessel 
belonging  in  whole  or  in  part  to  the  United  States,  or  any 
citizen  thereof,  or  any  corporation  created  by  or  under  the 
laws  of  the  United  States,  or  of  any  State,  Territory,  or 
District  thereof. 


Part  XL V.— PROTECTION  OF  SUBMARINE  CABLES. 


460.   Protection  of  submarine  cables 

Any  person  who  shall  willfully  and  wrongfully  break  Feb-  29> 1888- 
or  injure,  or  attempt  to  break  or  injure,  or  who  shall  in 
any  manner  procure,  counsel,  aid,  abet,  or  be  accessory  to 
such  breaking  or  injury,  or  attempt  to  break  or  injure,  a 
submarine  cable,  in  such  manner  as  to  interrupt  or  em- 
barrass, in  whole  or  in  part,  telegraphic  communication, 
shall  be  guilty  of  a  misdemeanor,  and,  on  conviction 
thereof,  shall  be  liable  to  imprisonment  for  a  term  not 
exceeding  two  years,  or  to  a  fine  not  exceeding  five  thou- 
sand dollars,  or  to  both  fine  and  imprisonment,  at  the 
discretion  of  the  court. 

Any  person  who  by  culpable  negligence  shall  break  or  sec.  2. 
injure  a  submarine  cable  in  such  manner  as  to  interrupt 
or  embarrass,  in  whole  or  in  part,  telegraphic  communi- 
cation, shall  be  guilty  of  a  misdemeanor,  and,  on  convic- 
tion thereof,  shall  be  liable  to  imprisonment  for  a  term 
not  exceeding  three  months,  or  to  a  fine  not  exceeding  five 
hundred  dollars,  or  to  both  fine  and  imprisonment,  at  the 
discretion  of  the  court. 

The  provisions  of  the  foregoing  sections  shall  not  ap-  see.  3. 
ply  to  a  person  who  breaks  or  injures  a  cable  in  an  effort 
to  save  the  life  or  limb  of  himself  or  of  any  other  person, 
or  to  save  his  own  or  any  other  vessel :  Provided,  That  he 
takes  reasonable  precautions  to  avoid  such  breaking  or 
injury. 

The  master  of  any  vessel  which,  while  engaged  in  lay-  sec.  4. 
ing  or  repairing  submarine  cables,  shall  fail  to  observe 
the  rules  concerning  signals  that  have  been  or  shall  here- 
after be  adopted  by  the  parties  to  the  convention  with  a 
view  to  preventing  collisions  at  sea ;  or  the  master  of  any 
vessel  that,  perceiving,  or  being  able  to  perceive  the  said 
signals  displayed  upon  a  telegraph  ship  engaged  in  re- 
pairing a  cable,  shall  not  withdraw  to  or  keep  at  a  dis- 
tance of  at  least  one  nautical  mile;  or  the  master  of  any 
vessel  that  seeing  or  being  aide  to  see  buoys  intended  to 
mark  the  position  of  a  cable  when  being  laid  or  when  out 
of  order  or  broken,  shall  not  keep  at  a  distance  of  at  least 
a  quarter  of  a  nautical  mile,  shall  be  guilty  of  a  misde- 
meanor, and  on  conviction  thereof,  shall  be  liable  to  im- 
prisonment for  a  term  not  exceeding  one  month,  or  to  a 
fine  of  not  exceeding  five  hundred  dollars. 

143562°— 19 32  497 


498  NAVIGATION    LAWS    OF    THE   UNITED    STATES. 

Sec-  5-  The  master  of  any  fishing  vessel  who  shall  not  keep  his 

implements  or  nets  at  a  distance  of  at  least  one  nautical 
mile  from  a  vessel  engaged  in  laying  or  repairing  a  cable ; 
or  the  master  of  any  fishing  vessel  who  shall  not  keep  his 
implements  or  nets  at  a  distance  of  at  least  a  quarter  of  a 
nautical  mile  from  a  buoy  or  buoys  intended  to  mark  the 
position  of  a  cable  when  being  laid  or  when  out  of  order 
or  broken,  shall  be  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof,  shall  be  liable  to  imprisonment  for  a  term 
not  exceeding  ten  days,  or  to  a  fine  not  exceeding  two 
hundred  and  fifty  dollars,  or  to  both  such  fine  and  impris- 
onment, at  the  discretion  of  the  court : 

Provided,  however,  That  fishing  vessels,  on  perceiving 
or  being  able  to  perceive  the  said  signals  displayed  on  a 
telegraph  ship,  shall  be  allowed  such  time  as  may  be 
necessary  to  obey  the  notice  thus  given,  not  exceeding 
twenty-fours  hours,  during  which  period  no  obstacles 
shall  be  placed  in  the  way  of  their  operations. 

sec.  c  For  the  purpose  of  carrying  into  effect  the  convention, 

a  person  commanding  a  ship  of  war  of  the  United  States 
or  of  any  foreign  state  for  the  time  being  bound  by  the 
convention,  or  a  ship  specially  commissioned  by  the  Gov- 
ernment of  the  United  States  or  by  the  Government  of 
such  foreign  state,  may  exercise  and  perform  the  duties 
vested  in  and  imposed  on  such  officer  by  the  convention. 

sec  7.  Any  person  having  the  custody  of  the  papers  necessary 

for  the  preparation  of  the  statements  provided  for  in 
article  ten  of  the  convention  who  shall  refuse  to  exhibit 
them  or  shall  violently  resist  persons  having  authority 
according  to  article  ten  of  said  convention  to  draw  up 
statements  of  facts  in  the  exercise  of  their  functions,  shall 
be  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  liable  to  imprisonment  not  exceeding  two  years, 
or  to  a  fine  not  exceeding  five  thousand  dollars,  or  to  both 
fine  and  imprisonment,  at  the  discretion  of  the  court. 

sec.  8.  The  penalties  provided  in  this  act  for  the  breaking  or 

injury  of  a  submarine  cable  shall  not  be  a  bar  to  a  suit  for 
damages  on  account  of  such  breaking  or  injury. 

sec.  o.  When  an  offense  against  this  act  shall  have  been  com- 

mitted by  means  of  a  vessel,  or  of  any  boat  belonging  to 
a  vessel,  the  master  of  such  vessel  shall,  unless  some  other 
person  is  shown  to  have  been  in  charge  of  and  navigating 
such  vessel  or  boat,  be  deemed  to  have  been  in  charge  of 
and  navigating  the  same,  and  be  liable  to  be  punished 
accordingly. 

sec.  10.  Unless  the  context  of  this  act  otherwise  requires,  the 

term  "  vessel "  shall  be  taken  to  mean  every  description  of 
vessel  used  in  navigation,  in  whatever  way  it  is  propelled ; 
the  term  "  master  "  shall  be  taken  to  include  every  person 
having  command  or  charge  of  a  vessel;  and  the  term 
"  person  "  to  include  a  body  of  persons,  corporate  or  in- 
corporate.    The  term  "convention"  shall   be  taken  to 


PART  XLV. PROTECTION-   OF   SUBMARINE   CABLES.  499 

mean  the  International  Convention  for  the  Protection  of 
Submarine  Cables,  made  at  Paris  on  the  fourteenth  day  of 
May.  eighteen  hundred  and  eighty-four,  and  proclaimed 
by  the  President  of  the  United  States  on  the  twenty- 
second  day  of  May,  eighteen  hundred  and  eighty-five. 

The  provisions  of  the  Revised  Statutes,  from  section  Sec.lL 
forty-three  hundred  to  section  forty-three  hundred  and 
five,  inclusive,  for  the  summary  trial  of  offenses  against 
the  navigation  laws  of  the  United  States,  shall  extend  to 
the  trial  of  offenses  against  the  provisions  of  sections  four 
and  live  of  this  act. 

The  provisions  of  this  act  shall  be  held  to  apply  only  to   Sec-  *2- 
cables  to  which  the  convention  for  the  time  being  applies. 

The  district  courts  of  the  United  States  shall  have  Sec-.13- 
jurisdiction  over  all  offenses  against  this  act  and  of  all 
suits  of  a  civil  nature  arising  thereunder,  whether  the 
infraction  complained  of  shall  have  been  committed 
within  the  territorial  waters  of  the  United  States  or  out- 
side of  the  said  waters: 

Provided,  That  in  case  such  infraction  is  committed 
outside  of  the  territorial  waters  of  the  United  States  the 
vessel  on  board  of  which  it  has  been  committed  is  a  vessel 
of  the  United  States.  From  the  decrees  and  judgments 
of  the  district  courts  in  actions  and  suits  arising  under 
this  act  appeals  and  writs  of  error  shall  be  allowed  as 
now  provided  by  law  in  other  cases. 

Criminal  actions  and  proceedings  for  a  violation  of  the 
provisions  of  this  act  shall  be  commenced  and  prosecuted 
in  the  district  court  for  the  district  within  which  the 
offense  was  committed,  and  when  not  committed  within 
any  judicial  district,  then  in  the  district  court  for  the  dis- 
trict within  which  the  offender  may  be  found;  and  suits 
of  a  civil  nature  may  be  commenced  in  the  district  court 
for  any  district  within  which  the  defendant  may  be  found 
and  shall  be  served  with  process. 


Part    XLVL— ADMINISTRATIVE     AND     EXECUTIVE 
OFFICES. 


461.  Department  of  Commerce. 

462.  Bureau  of  Navigation. 

463.  Shipping  commissioners. 

464.  Customs  officers. 

465.  Steamboat-Inspection    Service. 

466.  Public  Health  Service. 

467.  Immigration  and  Naturalization 

Bureau. 

468.  Coast  Guard. 

469.  Life-Saving  Service. 


470.  Coast  Guard. 

471.  Bureau  of  Lighthouses. 

472.  Treasury  agents. 

473.  Alaska  seal  agents. 

474.  Coast  and  Geodetic  Survey. 

475.  District  court  commissioners. 

476.  Unauthorized  services. 
476(a).  Waterways  Commission. 
476(b).  Bureau  of  War  Risk   Insur- 
ance. 


Feb.  14,  l!)0:j. 


Sec.  2. 

Mar.  4,  1913. 


Feb.  14,  l'.)03. 
Sec.  3. 


500 


461.   Department  of  Commerce. 

There  shall  be  at  the  seat  of  government  an  executive 
department  to  be  known  as  the  Department  of  Com- 
merce, and  a  Secretary  of  Commerce,  who  shall  be  the 
head  thereof,  who  shall  be  appointed  by  the  President, 
by  and  with  the  advice  and  consent  of  the  Senate,  who 
shall  receive  a  salary  of  twelve  thousand  dollars  per 
annum,  and  whose  term  and  tenure  of  office  shall  be  like 
that  of  the  heads  of  the  other  Executive  Departments; 
and  section  one  hundred  and  fifty-eight  of  the  Revised 
Statutes  is  hereby  amended  to  include  such  Department, 
and  the  provisions  of  title  four  of  the  Revised  Statutes, 
including  all  amendments  thereto,  are  hereby  made  appli- 
cable to  said  Department.  The  said  Secretary  shall  cause 
a  seal  of  office  to  be  made  for  the  said  Department  of 
such  device  as  the  President  shall  approve,  and  judicial 
notice  shall  be  taken  of  the  said  seal. 

There  shall  be  in  said  Department  an  Assistant  Secre- 
tary of  Commerce,  to  be  appointed  by  the  President,  who 
shall  receive  a  salary  of  five  thousand  dollars  a  year.  He 
shall  perform  such  duties  as  shall  be  prescribed  by  the 
Secretary  or  required  by  law.  There  shall  also  be  one 
chief  clerk  and  a  disbursing  clerk  and  such  other  clerical 
assistants  as  may  from  time  to  time  be  authorized  by  Con- 
gress; and  the  Auditor  for  the  State  and  other  Depart- 
ments shall  receive  and  examine  all  accounts  of  salaries 
and  incidental  expenses  of  the  office  of  the  Secretary  of 
Commerce,  and  of  all  bureaus  and  offices  under  his  direc- 
tion, all  accounts  relating  to  the  Light-House  Board, 
Steamboat-Inspection  Service,  Navigation,  Alaskan  fur- 
seal  fisheries,  the  National  Bureau  of  Standards,  Coast 
and  Geodetic  Survey,  Census,  Fish  Commission  and  to 
all  other  business  within  the  jurisdiction  of  the  Depart- 
ment of  Commerce,  and  certify  the  balances  arising 
thereon  to  the  Division  of  Bookkeeping  and  Warrants 
and  send  forthwith  a  copy  of  each  certificate  to  the  Sec- 
retary of  Commerce. 

It  shall  be  the  province  and  duty  of  said  Department 
to  foster,  promote,  and  develop  the  foreign  and  domestic 
commerce,  the  mining,  manufacturing,  shipping,  and  fish- 
ery industries,  the  labor  interests,  and  the  transportation 


PABT   XLVT. — ADMINISTRATIVE    AND    EXECUTIVE  OFFICES.       501 

facilities  of  the  United  States:  and  t<>  this  end  it  shall  be 
rested  with  jurisdiction  and  control  of  the  departments, 
bureaus,  offices,  and  branches  of  the  public  service  here- 
inafter specified,  and  with  such  other  powers  and  duties 
as  may  he  prescribed  by  law.  All  unexpended  appropria- 
tions, which  shall  he  available  at  the  time  when  this  Act 
takes  effect,  in  relation  to  the  various  offices,  bureaus, 
divisions,  and  other  branches  of  the  public  service,  which 
shall,  by  this  Ad.  be  transferred  to  or  included  in  the 
Department  of  Commerce,  or  which  may  hereafter,  in 
accordance  with  the  provisions  of  this  Act,  be  so  trans- 
ferred, shall  become  available,  from  the  time  of  such 
transfer,  for  expenditure  in  and  by  the  Department  of 
Commerce  and  shall  be  treated  the  same  as  though  said 
branches  of  the  public  service  had  been  directly  named 
in  the  laws  making  said  appropriations  as  parts  of  the 
Department  of  Commerce,  under  the  direction  of  the 
Secretary  of  said  Department. 

The  following-named  offices,  bureaus,  divisions,  and  Sec.  4. 
branches  of  the  public  service,  now  and  heretofore  under  Mar-  4* 1913t 
the  jurisdiction  of  the  Department  of  the  Treasury,  and 
all  that  pertains  to  the  same,  known  as  the  Light-House 
Board,  the  Light-House  Establishment,  the  Steamboat- 
Inspection  Service,  the  Bureau  of  Navigation,  the  United 
States  Shipping  Commissioners,  the  National  Bureau  of 
Standards,  the  Coast  and  Geodetic  Survey,  and  the  Bu- 
reau of  Statistics,  be,  and  the  same  hereby  are,  transferred 
from  the  Department  of  the  Treasury  to  the  Department 
of  Commerce,  and  the  same  shall  hereafter  remain  under 
the  jurisdiction  and  supervision  of  the  last-named  De- 
partment ;  and  that  the  Census  Office,  and.  all  that  per- 
tains to  the  same,  be,  and  the  same  hereby  is,  transferred 
from  the  Department  of  the  Interior  to  the  Department 
of  Commerce,  to  remain  henceforth  under  the  jurisdic- 
tion of  the  latter:  that  the  Fish  Commission,  and  the 
Office  of  Commissioner  of  Fish  and  Fisheries,  and  all 
that  pertains  to  the  same,  be,  and  the  same  hereby  are, 
placed  under  the  jurisdiction  and  made  a  part  of  the 
Department  of  Commerce;  that  the  Bureau  of  Foreign 
Commerce,  now  in  the  Department  of  State,  be  and 
the  same  hereb}r  is,  transferred  to  the  Department  of 
Commerce  and  consolidated  with  and  made  a  part  of  the 
Bureau  of  Statistics,  hereinbefore  transferred  from  the 
Department  of  the  Treasury  to  the  Department  of  Com- 
merce, and  the  two  shall  constitute  one  bureau,  to  be 
called  the  Bureau  of  Statistics,  with  a  chief  of  the  bu- 
reau :  and  that  the  Secretary  of  Commerce  shall  have  con- 
trol of  the  work  of  gathering  and  distributing  statistical 
information  naturally  relating  to  the  subjects  confide  1  to 
his  Department ;  and  the  Secretary  of  Commerce  is  hereby 
given  the  power  and  authority  to  rearrange  the  statis- 
tical work  of  the  bureaus  and  offices  confided  to  said 
Department,  and  to  consolidate  any  of  the  statistical 
bureaus  and  offices  transferred  to  said  Department;  and 
said  Secretary  shall  also  have  authority  to  call  upon  other 


502  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

Departments  of  the  Government  for  statistical  data  and 
results  obtained  by  them;  and  said  Secretary  of  Com- 
merce may  collate,  arrange,  and  publish  such  statistical 
information  so  obtained  in  such  manner  as  to  him  may 
seem  wise. 

The  official  records  and  papers  now  on  file  in  and  per- 
taining exclusively  to  the  business  of  any  bureau,  office, 
department,  or  branch  of  the  public  service  in  this  Act 
transferred  to  the  Department  of  Commerce,  together 
with  the  furniture  now  in  use  in  such  bureau,  office, 
department,  or  branch  of  the  public  service,  shall  be,  and 
herebv  are,  transferred  to  the  Department  of  Commerce. 
Aug.  23.  1912.  Th£  Bureau  of  Manufactures  and  the  Bureau  of  Sta- 
tistics, both  of  the  Department  of  Commerce,  are  hereby 
consolidated  into  one  bureau  to  be  known  as  the  Bureau 
of  Foreign  and  Domestic  Commerce,  to  take  effect  July 
first,  nineteen  hundred  and  twelve,  and  the  duties  re- 
quired by  law  to  be  performed  by  the  Bureau  of  Manu- 
factures and  the  Bureau  of  Statistics  are  transferred  to 
and  shall  after  that  date  be  performed  by  the  Bureau  of 
Foreign  and  Domestic  Commerce. 

Those  certain  duties  of  the  Department  of  Labor,  or 
Bureau  of  Labor,  contained  in  section  seven  of  the  Act 
approved  June  thirteenth,  eighteen  hundred  and  eighty- 
eight,  that  established  the  same,  which  especially  charged 
it  "to  ascertain,  at  as  early  a  date  as  possible,  and 
whenever  industrial  changes  shall  make  it  essential, 
the  cost  of  producing  articles  at  the  time  dutiable  in 
the  United  States,  in  leading  countries  where  such  arti- 
cles are  produced,  by  fully  specified  units  of  production, 
and  under  a  classification  showing  the  different  elements 
of  cost,  or  approximate  cost,  of  such  articles  of  produc- 
tion, including  the  wages  paid  in  such  industries  per  day, 
week,  month,  or  year,  or  by  the  piece;  and  hours  em- 
ployed per  day;  and  the  profits  of  manufacturers  and 
producers  of  such  articles;  and  the  comparative  cost  of 
living,  and  the  kind  of  living ;  what  articles  are  controlled 
by  trusts  or  other  combinations  of  capital,  business  opera- 
tions, or  labor,  and  what  effect  said  trusts,  or  other  com- 
binations of  capital,  business  operations,  or  labor  have  on 
production  and  prices,"  are  hereby  transferred  to  and 
shall  hereafter  be  discharged  by  the  Bureau  of  Foreign 
and  Domestic  Commerce,  and  it  shall  be  also  the  duty  of 
said  Bureau  of  Foreign  and  Domestic  Commerce  to  make 
such  special  investigation  and  report  on  particular  sub- 
jects when  required  to  do  so  by  the  President  or  either 
House  of  Congress. 


Feb.  14,  1903. 
Sec.  5. 


And  all  consular  officers  of  the  United  States,  includ- 
ing consuls-general,  consuls,  and  commercial  agents,  are 
hereby  required,  and  it  is  made  a  part  of  their  duty, 
under  the  direction  of  the  Secretary  of  State,  to  gather 
and  compile,  from  time  to  time,  useful  and  material  in- 
formation and  statistics  in  respect  to  the  subjects  enu- 


PART    XLVI. ADMINISTIJATIYK    AND    EXECUTIVE    OFFICES.       503 

merated  in  section  three  of  this  Act  in  the  countries  and 
places  to  which  such  consular  officers  are  accredited,  and 
to  send,  tinder  the  direction  of  the  Secretary  of  State,  re- 
ports as  often  as  required  by  the  Secretary  of  Commerce 
of  the  information  and  statistics  thus  gathered  and  com- 
piled, such  reports  to  be  transmitted  through  the  State 
Department  to  the  Secretary  of  the  Department  of  Com- 
merce. 

The  jurisdiction,  supervision  and  control  now  possessed  J^j>-^  '■  l903- 
and  exercised  by  the  Department  of  the  Treasury  over  the  Mar.  ■'»,  L9i3. 
fur-seal,  salmon  and  other  fisheries  of  Alaska  and  over 
the  immigration  of  aliens  into  the  United  States,  its 
waters,  territories  and  any  place  subject  to  the  juris- 
diction thereof,  are  hereby  transferred  and  vested  in 
the  Department  of  Commerce :  Provided,  That  nothing 
contained  in  this  Act  shall  be  construed  to  alter  the 
method  of  collecting  and  accounting  for  the  head-tax 
prescribed  by  section  one  of  the  Act  entitled  "  An  Act  to 
regulate  immigration,"  approved  August  third,  eighteen 
hundred  and  eighty-two.  That  the  authority,  power  and 
jurisdiction  now  possessed  and  exercised  by  the  Secretary 
of  the  Treasury  by  virtue  of  any  law  in  relation  to  the 
exclusion  from  and  the  residence  within  the  United 
States,  its  territories  and  the  District  of  Columbia,  of 
Chinese  and  persons  of  Chinese  descent,  are  hereby  trans- 
ferred to  and  conferred  upon  the  Secretary  of  Labor,  and 
the  authority,  power  and  jurisdiction  in  relation  thereto 
now  vested  by  law  or  treaty  in  the  collectors  of  customs 
and  the  collectors  of  internal  revenue,  are  hereby  con- 
ferred upon  and  vested  in  such  officers  under  the  control 
of  the  Commissioner-General  of  Immigration,  as  the  Sec- 
retary of  Labor  may  designate  therefor.  [Note. — Sec- 
tion 7,  Immigration  transferred  to  Department  of  Labor, 
March  4.  1913.] 

The  Secretary  of  Commerce  shall  annually,  at  the  close  Sec.  8. 
of  each  fiscal  year,  make  a  report  in  writing  to  Congress, 
giving  an  account  of  all  moneys  received  and  disbursed 
by  him  and  his  Department,  and  describing  the  work 
done  by  the  Department  in  fostering,  promoting,  and 
developing  the  foreign  and  domestic  commerce,  the  min- 
ing, manufacturing,  shipping,  and  fishery  industries,  and 
the  transportation  facilities,  of  the  United  States,  and 
making  such  recommendations  as  he  shall  deem  necessary 
for  the  effective  performance  of  the  duties  and  purposes 
of  the  Department.  He  shall  also  from  time  to  time 
make  such  special  investigations  and  reports  as  he  may  be 
required  to  do  by  the  President,  or  by  either  House  of 
Congress,  or  which  he  himself  may  deem  necessary  and 
urgent. 

*  *  *  *  * 

All  laws  prescribing  the  work  and  defining  the  duties  Sec.  9. 
of  the  several  bureaus,  offices,  departments,  or  branches  of 
the  public  service  by  this  Act  transferred  to  and  made  a 
part  of  the  Department  of  Commerce  shall,  so  far  as  the 


504 


NAVIGATION    LAWS   OF   THE    UNITED   STATES. 


same  are  not  in  conflict  with  the  provisions  of  this  Act, 
remain  in  full  force  and  effect  until  otherwise  provided 
by  law. 
sec.  10.  AH  duties  performed  and  all  power  and  authority  now 

possessed  or  exercised  by  the  head  of  any  executive  de- 
partment in  and  over  any  bureau,  office,  officer,  board, 
branch,  or  division  of  the  public  service  by  this  Act 
transferred  to  the  Department  of  Commerce,  or  any 
business  arising  therefrom  or  pertaining  thereto,  or  in 
relation  to  the  duties  performed  by  and  authority  con- 
ferred by  law  upon  such  bureau,  officer,  office,  board, 
branch  or  division  of  the  public  service,  whether  of  an 
appellate  or  revisory  character  or  otherwise,  shall  here- 
after be  vested  in  and  exercised  by  the  head  of  the  said 
Department  of  Commerce. 

All  duties,  power,  authority  and  jurisdiction,  whether 
supervisory,  appellate  or  otherwise,  now  imposed  or  con- 
ferred upon  the  Secretary  of  the  Treasury  by  Acts  of 
Congress  relating  to  merchant  vessels  or  yachts,  their 
measurement,  numbers,  names,  registers,  enrollments, 
licenses,  commissions,  records,  mortgages,  bills  of  sale, 
transfers,  entry,  clearance,  movements  and  transportation 
of  their  cargoes  and  passengers,  owners,  officers,  seamen, 
passengers,  fees,  inspection,  equipment  for  the  better 
security  of  life,  and  by  Acts  of  Congress  relating  to 
tonnage  tax,  boilers  on  steam  vessels,  the  carrying  of  in- 
flammable, explosive  or  dangerous  cargo  on  vessels,  the 
use  of  petroleum  or  other  similar  substances  to  produce 
motive  power  and  relating  to  the  remission  or  refund  of 
fines,  penalties,  forfeitures,  exactions  or  charges  incurred 
for  violating  any  provision  of  law  relating  to  vessels  or 
seamen  or  to  informer's  shares  of  such  fines,  and  by  Acts 
of  Congress  relating  to  the  Commissioner  and  Bureau  of 
Navigation,  Shipping  Commissioners,  their  officers  and 
employees,  Steamboat-Inspection  Service  and  any  of  the 
officials  thereof,  shall  be  and  hereby  are  transferred  to 
and  imposed  and  conferred  upon  the  Secretary  of  Com- 
merce from  and  after  the  time  of  the  transfer  of  the  Bu- 
reau of  Navigation,  the  Shipping  Commissioners  and 
the  Steamboat  Inspection  Seiwice  to  the  Department 
of  Commerce,  and  shall  not  thereafter  be  imposed  upon 
or  exercised  by  the  Secretary  of  the  Treasury.  And  all 
Acts  or  parts  of  Acts  inconsistent  with  this  Act  are,  so 
far  as  inconsistent,  hereby  repealed. 
462.  Bureau  of  Navigation. 
July  5,  1884.  There  shall  be  in  the  Department  of  Commerce  a  Bu- 
sies. 4,'io.    '  reau  of  Navigation,  under  the  immediate  charge  of  a 

Commissioner  of  Navigation. 
July  5,  18S4.       The  Commissioner  of  Navigation,  under  the  direction 
Feb.2i4,  1903.  ?*  tne  Secretary  of  Commerce,  shall  have  general  super- 
secs.  4,'io.       intendence  of  the  commercial  marine  and  merchant  sea- 
men of  the  United  States,  so  far  as  vessels  and  seamen 
are  not,  under  existing  laws,  subject  to  the  supervision 
of  any  other  officer  of  the  Government. 


PART   XLVI. — ADMINISTIiATlVK     \XD    EXECUTIVE    OFFICES.       505 

He  shall  be  specially  charged  with  the  decision  of  all 
questions  relating  to  the  issue  of  registers,  enrollments, 

and  licenses  of  vessels,  and  to  the  filing  and  preserving  ol 
those  documents;  and  wherever  in  title  Eorty-eight  [B.  S., 
4131-4305]  or  fifty  [E.  S.,  4311-4390]  of  the  Revised 
Statutes  any  of  the  above-named  documents  are  required 
to  be  surrendered  or  returned  to  the  Register  of  the 
Treasury,  such  requirement  is  hereby  repealed,  and  such 
documents  shall  be  surrendered  and  returned  to  the  Com- 
missioner of  Navigation.  Said  Commissioner  shall  have 
charge  of  all  similar  documents  now  in  the  keeping  of  the 
Register  of  the  Treasury,  and  shall  perform  all  the  duties 
hitherto  devolved  upon  said  Kegister  relating  to  navi- 
gation. 

The  Commissioner  of  Navigation  shall  be  charged  with  Juiy^,  iss4. 
the  supervision  of  the  laws  relating  to  the  admeasure- 
ment  of  vessels,  and  the  assigning  of  signal  letters 
thereto,  and  of  designating  their  official  number;  and  on 
all  questions  of  interpretation  growing  out  of  the  execu- 
tion of  the  laws  relating  to  these  subjects,  and  relating 
to  the  collection  of  tonnage  tax,  and  to  the  refund  of  such 
tax  when  collected  erroneously  or  illegally,  his  decision 
shall  be  final. 

The  Commissioner  of  Navigation  shall  annually  pre-  Sec.  4. 
pare  and  publish  a  list  of  vessels  of  the  United  States 
belonging  to  the  commercial  marine,  specifying  the  offi- 
cial number,  signal  letters,  names,  rig,  tonnage,  home 
port,  and  place  and  date  of  building  of  every  vessel,  dis- 
tinguishing in  such  list  sailing-vessels  from  such  as  may 
be  propelled  by  steam  or  other  motive  power. 

Upon  affidavit  by  a  reputable  shipbuilder  of  the  United  July  o,  1912. 
States  that  an  unrigged  wooden  vessel  of  the  United 
States  has  been  rebuilt,  giving  the  date  and  place  of  such 
rebuilding,  is  sound  and  free  from  rotten  or  doted  wood 
in  structural  parts,  properly  fastened  and  calked  and  in 
strength  and  seaworthiness  as  good  as  new,  the  Commis- 
sioner of  Navigation  shall  include  in  the  List  of  Merchant 
Vessels  a  notation  to  that  effect. 

He  shall  also  report  annually  to  the  Secretary  of  Com-  £"'?/>•  1SS4- 
merce  the  increase  of  vessels  of  the  United  States,  by  ivi,".  n,  1903. 
building  or  otherwise,  specifying  their  number,  rig,  and  sees.  4,  ,u 
motive  power.    He  shall  also  investigate  the  operations 
of  the  laws  relative  to  navigation,  and  annually  report 
to  the  Secretary  of  Commerce  such  particulars  as  may, 
in  his  judgment,  admit  of  improvement  or  may  require 
amendment. 

The  Commissioner  of  Navigation  shall,  under  the  direc-  July  5,  1884. 
tion  of  the  Secretary  of  Commerce,  be  empowered  to  Feb.  14,  1903. 
change  the  names  of  vessels  of  the  United  States,  under 
such  Restrictions  as  may  have  been  or  shall  be  prescribed 
bv  act  of  Congress. 

"  The  Commissioner  of  Navigation  shall  be  appointed  by  £»(',.v65>  1884- 
the  President   of  the  United   States,   by    and   with   the    ec* 
advice  and  consent  of  the  Senate,  and  shall  receive  a 


500  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

salary  of  four  thousand  dollars  per  annum.  And  the 
Secretary  of  Commerce  shall  have  power  to  transfer 
E»eb.  14, 1003.  from  existing  Bureaus  or  divisions  of  the  Department  of 
Commerce  one  clerk,  to  be  designated  as  deputy  commis- 
sioner of  navigation,  to  act  with  the  full  powers  of  said 
Commissioner  during  his  temporary  absence  from  his 
official  duty  for  any  cause. 
463.  Shipping  commissioners. 
r.  s.,  4901.  The  Secretary  of  Commerce  shall  appoint  a  commis- 

se°e27°'  1884'  sioner  for  each  port  of  entry,  which  is  also  a  port  of  ocean 
Lecbs  44'io00!'  navigation?  and  which,  in  his  judgment,  may  require  the 
Mar."  4k,  1911.  same;  such  commissioner  to  be  termed  a  shipping  com- 
missioner, and  may,  from  time  to  time,  remove  from 
office  any  such  commissioner  whom  he  may  have  reason 
to  believe  does  not  properly  perform  his  duty,  and  shall 
then  provide  for  the  proper  performance  of  his  duties 
until  another  person  is  duly  appointed  in  his  place :  Pro- 
vided, That  Shipping  Commissioners  now  in  office  shall 
continue  to  perform  the  duties  thereof  until  others  shall 
be  appointed  in  their  places.  Shipping  Commissioners 
shall  monthly  render  a  full,  exact,  and  itemized  account 
of  their  receipts  and  expenditures  to  the  Secretary  of 
Commerce,  who  shall  determine  their  compensation,  and 
shall  from  time  to  time  determine  the  number  and  com- 
pensation of  the  clerks  appointed  by  such  commissioner, 
with  the  approval  of  the  Secretary  of  Commerce,  sub- 
ject to  the  limitations  now  fixed  by  law.  The  Secre- 
tary of  Commerce  shall  regulate  the  mode  of  conducting 
business  in  the  shipping  offices  to  be  established  by  the 
shipping  commissioners  as  hereinafter  provided,  and 
shall  have  full  and  complete  control  over  the  same,  sub- 
ject to  the  provisions  herein  contained ;  and  all  expendi- 
June^^issG.tures  by  shipping  commissioners  shall  be  audited  and 
sic' 2.  '  '  adjusted  in  the  Treasury  Department  in  the  mode  and 
manner  provided  for  expenditures  in  the  collection  of 
customs. 
Apf."246^°i906.  Every  -shipping  commissioner  so  appointed  shall  give 
bond  to  the  United  States,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office,  for  a  sum,  in  the 
discretion  of  the  Secretary  of  Commerce,  of  not  less  than 
five  thousand  dollars,  in  such  form  and  with  such  security 
as  the  Secretary  of  Commerce  shall  direct  and  approve ; 
and  shall  take  and  subscribe  the  oath  prescribed  by  sec- 
tion seventeen  hundred  and  fifty-seven  of  the  Eevised 
Statutes  before  entering  upon  the  duties  of  his  office: 
Provided,  That  nothing  in  this  section  shall  be  construed 
to  affect  in  any  respect  the  liability  of  principal  or  sure- 
ties on  any  bond  heretofore  given  by  any  snipping  com- 
missioner. 

Jaif  "i65 1883      •  An-y  shipP^g-co^nissioner  may  engage  clerks  to  assist 

June  2d,  1884.  him  in  the  transaction  of  the  business  of  the  shipping- 

fune2io,  1886.  °?&ce?  at  his  own  proper  cost,  and  may,  in  case  of  neces- 

'sity,     depute  such  clerks  to  act  for  him  in  his  official 

capacity;  but  the  shipping-commissioner  shall  be  held 


PART    XI. vr.- — ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       507 

responsible  for  the  acts  of  every  such  clerk  or  deputy, 
and  will  be  personally  liable  for  any  penalties  such  clerk 
or  deputy  may  incur  by  the  violation  <>i'  any  of  the  pro- 
visions of  this  Title  |  R.  S.,  4501  L613  |  :  and' all  acts  done 
by  a  clerk,  as  such  deputy,  shall  be  as  valid  and  binding 
as  if  done  by  the  shipping-commissioner. 

Each  shipping-commissioner  shall  provide  a  seal  with  R.s.,4506. 
which  he  shall  authenticate  all  his  official  acts,  on  which 
seal  shall  he  engraved  the  arms  of  the  United  States,  and 
the  name  of  the  port  or  district  for  which  he  is  commis- 
sioned. Any  instrument,  either  printed  or  written,  pur- 
porting to  be  the  official  act  of  a  shipping-commissioner, 
and  purporting  to  be  under  the  seal  and  signature  of  such 
shipping-commissioner,  shall  be  received  as  presumptive 
evidence  of  the  official  character  of  such  instrument,  and 
of  the  truth  of  the  facts  therein  set  forth. 


The   Secretary   of   Commerce   shall   assign   in   public 


R.  S. 

Mai-. 


buildings  or  otherwise  procure  suitable  offices  and  rooms  ivu.'i  i,  1903 
for  the  shipment  and  discharge  of  seamen,  to  be  known  Sec" 10 
as  shipping  commissioners'  offices,  and  shall  procure  fur- 
niture, stationery,  printing,  and  other  requisites  for  the 
transaction  of  the  business  of  such  offices. 

In  no  case  shall  the  salary,  [fees,  and  emoluments]  of  june'i99i886 
any  officer  appointed  under  this  Title  [E.  S.,  4501— £613] 
be  more  than  five  thousand  dollars  per  annum  [ ;  and  any 
additional  fees  shall  be  paid  into  the  Treasury  of  the 
United  States]. 

464.    Customs  officers. 

At  each  of  the  ports  to  which  there  are  appointed  a  a.  s.,  262j 
collector,  naval  officer,  and  surveyor,  it  shall  be  the  duty 
of  the  collector : 

First.  To  receive  all  reports,  manifests,  and  documents 
to  be  made  or  exhibited  on  the  entry  of  any  ship  or  vessel, 
according  to  the  regulations  of  this  Title  [R.  S.,  2517- 
3129]. 

Second.  To  record,  in  books  to  be  kept  for  that  pur- 
pose, all  manifests. 

Third.  To  receive  the  entries  of  all  ships  or  vessels,  and 
of  the  goods,  wares,  and  merchandise  imported  in  them. 

Fourth.  To  estimate,  together  with  the  naval  officer 
where  there  is  one,  or  alone  where  there  is  none,  the 
amount  of  the  dues  payable  thereupon,  indorsing  such 
amount  upon  the  respective  entries. 

Fifth.  To  receive  all  moneys  paid  for  duties,  and  take 
all  bonds  for  securing  the  payment  thereof. 

Sixth.  To  grant  all  permits  for  the  unlading  and  deliv- 
ery of  goods. 

Seventh,  To  employ,  with  the  approval  of  the  Secre- 
tary of  the  Treasury,  proper  persons  as  weighers,  gangers, 
measurers,  and  inspectors  at  the  several  ports  within  his 
district. 

Eighth.  To  provide,  with  the  like"  approval,  at  the 
public  expense,  store-houses  for  the  safe-keeping  of  goods, 
and  such  scales,  weights,  and  measures  as  may  be  nec- 
essarv. 


508  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

e.  s.,  2022.  At  ports  to  which  a  collector  and  surveyor  only  are  ap- 

pointed, the  collector  shall  solely  execute  all  the  duties  in 
which  the  co-operation  of  the  naval  officer  is  requisite  at 
the  ports  where  a  naval  officer  is  appointed.  And  he  shall 
act  in  like  manner  in  case  of  the  disability  or  death  of  the 
naval  officer,  until  a  successor  is  appointed,  unless  there 
is  a  deputy  duly  authorized  under  the  hand  and  seal  of 
the  naval  officer,  who  in  that  case  shall  continue  to  act 
until  an  appointment  is  made. 
e.s.,2623.  At  p0rts  to  which  a  collector  only  is  appointed,  the 

collector  shall  solely  execute  all  the  duties  in  which  the 
co-operatiori  of  the  naval  officer  is  requisite,  at  ports 
where  a  naval  officer  is  appointed,  and  he  shall  also,  as 
far  as  may  be,  perform  all  the  duties  prescribed  for 
surveyors  at  ports  where  surveyors  are  authorized. 
r.  s.,  2624.  At  ports  of  delivery  to  which  no  surveyor  is  appointed, 

and  at  such  ports  only,  the  collector  may,  from  time  to 
time,  when  it  is  necessary,  employ  a  proper  person  to  per- 
form the  duties  of  a  surveyor;  who  shall  be  entitled  to 
the  like  compensation  with  an  inspector  during  the  time 
he  is  employed. 
U.S., 2625.  jn  case  0f  the  disability  or  death  of  a  collector,  the 

duties  and  authorities  vested  in  him  shall  devolve  on  his 
deputy,  if  any  there  be  at  the  time  of  such  disability  or 
death,  for  wmose  conduct  the  estate  of  such  disabled  or 
deceased  collector  shall  be  liable ;  and,  if  there  be  no  dep- 
uty, they  shall  devolve  upon  the  naval  officer  of  the  same 
district,  if  any  there  be;  and  if  there  be  no  naval  officer, 
they  shall  devolve  upon  the  surveyor  of  the  port  ap- 
pointed for  the  residence  of  such  disabled  or  deceased 
collector,  if  any  there  be;  and  if  there  be  no  such  sur- 
veyor, they  shall  devolve  upon  the  surveyor  of  the  port 
nearest  thereto  and  within  the  district. 
r.  s.,  262G.  At  ports  to  which  there  are  appointed  a  collector,  naval 

officer,  and  surveyor,  it  shall  be  the  duty  of  the  naval 
officer — 

First.  To  receive  copies  of  all  manifests  and  entries. 

Second.  To  estimate,  together  with  the  collector,  the 
duties  on  all  merchandise  subject  to  duty,  and  no  duties 
shall  be  received  without  such  estimates. 

Third.  To  keep  a  separate  record  of  such  estimates. 

Fourth.  To  countersign  all  permits,  clearances,  certifi- 
cates, debentures,  and  other  documents,  to  be  granted  by 
the  collector. 

Fifth.  To  examine  the  collector's  abstracts  of  duties, 
and  other  accounts  of  receipts,  bonds,  and  expenditures, 
and  certify  the  same  if  found  right. 
r.  s.,  2C27.  At  ports  to  which  there  are  appointed  a  collector,  naval 

officer,  and  surveyor,  it  shall  be  the  duty  of  the  surveyor, 
who  shall  be  in  all  cases  subject  to  the  direction  of  the 
collector — 

First.  To  superintend  and  direct  all  inspectors,  weigh- 
ers, measurers,  and  gaugers  within  his  port. 


PART    XLVI. ADMINISTRATIVE    AND    KXECUTIVE    OFFICES.       509 

Second.  To  report  once  in  every  week  to  the  collector  the 
aame  or  names  of  all  inspectors,  weighers,  gangers,  or 
measurers  who  are  absent  from  or  neglect  to  do  their  duty. 

Third.  To  visit  or  inspect  the  vessels  which  arrive  in 
his  port,  and  make  a  return  in  writing  every  morning  to 
the  collector  of  all  vessels  which  have  arrived  from  for- 
eign ports  during  the  preceding  day;  specifying  the 
names  and  denominations  of  the  vessels,  the  masters1 
names,  from  whence  arrived,  whether  laden  or  in  ballast, 
to  what  nation  belonging,  and,  if  American  vessels, 
whether  the  masters  thereof  have  or  have  not  complied 
with  the  law,  in  having  the  required  number  of  manifests 
of  the  cargo  on  board,  agreeing  in  substance  with  the  pro- 
visions of  law. 

Fourth  To  put  on  board  each  of  such  vessels  one  or  more 
inspectors  immediately  after  their  arrival  in  his  port. 

Fifth.  To  ascertain  the  proof,  quantities,  and  kinds  of 
distilled  spirits  imported,  rating  such  spirits  according  to 
their  respective  degrees  of  proof,  as  defined  by  the  laws 
imposing  duties  on  spirits. 

Sixth.  To  examine  whether  the  goods  imported  in  any 
vessel,  and  the  deliveries  thereof,  agreeably  to  the  inspec- 
tor's returns,  correspond  with  the  permits  for  landing  the 
same;  and  if  any  error  or  disagreement  appears,  to  report 
the  same  to  the' collector,  and  to  the  naval  officer,  if  any. 

Seventh.  To  superintend  the  lading  for  exportation  of 
all  goods  entered  for  the  benefit  of  any  drawback,  bounty, 
or  allowance,  and  examine  and  report  whether  the  kind, 
quantity,  and  quality  of  the  goods,  so  laden  on  board  any 
vessel  i'or  exportation,  correspond  with  the  entries  and 
permits  granted  therefor. 

Eighth.  To  examine,  and,  from  time  to  time,  and  par- 
ticularly on  the  first  Mondays  of  January  and  July  in 
each  year,  try  the  weights,  measures,  and  other  instru- 
ments^ used  in  ascertaining  the  duties  on  imports,  with 
standards  to  be  provided  by  each  collector  at  the  public 
expense  for  that  purpose;  and  where  disagreements  or 
errors  are  discovered,  to  report  the  same  to  the  collector ; 
and  to  obey  and  execute  such  directions  as  he  may  receive 
for  correcting  the  same,  agreeably  to  the  standards. 

At  ports  to  which  surveyors  only  are  appointed,  the  sur-  R.  S-.  2628. 
veyor  shall  perform  all  the  duties  enjoined  upon  surveyors 
by  the  preceding  section ;  and  shall  also  receive  and  record 
the  copies  of  all  manifests  transmitted  to  him  by  the  col- 
lector; shall  record  all  permits  granted  by  the  collector, 
distinguishing  the  gauge,  weight,  measure,  and  quality  of 
goods  specified  therein ;  and  shall  take  care  that  no  goods 
be  unladen  or  delivered  from  any  ship  or  vessel  without  a 
proper  permit  for  that  purpose. 

In  case  of  the  disability  or  death  of  a  surveyor,  the  col-  R-  s-  -°-°- 
lector  of  the  district  may  authorize  some  fit  person  to  per- 
form his  duties  and  exercise  his  powers;  and  the  powers 
of  the  person  so  authorized  shall  continue  until  a  suc- 
cessor is  duly  appointed,  and  read.y  to  enter  upon  the  exe- 
cution of  his  office. 


510  NAVIGATION"    LAWS    OF    THE    UNITED    STATES. 

R-s-«2630-  Every  collector  of  the  customs  shall  have  authority, 

with  the  approval  of  the  Secretary  of  the  Treasury,  to 
employ  within  his  district  such  number  of  proper  persons 
as  deputy  collectors  of  the  customs  as  he  shall  deem  neces- 
sary ;  and  such  deputies  are  declared  to  be  officers  of  the 
customs.  And  in  cases  of  occasional  and  necessary  ab- 
sence, or  of  sickness,  any  collector  may  exercise  his  powers 
and  perform  his  duties  by  deputy,  duly  constituted  under 
his  hand  and  seal,  and  he  shall  be  answerable  for  the  acts 

,,  g   2631        of  such  deputy  in  the  execution  of  such  trust. 

In  case  of  the  sickness  or  unavoidable  absence  of  any 
collector  or  surveyor  of  customs  from  his  office,  he  may, 
with  the  approval  of  the  Secretary  of  the  Treasury, 
authorize  some  officer  or  clerk  under  him  to  act  in  his 
place,  and  to  discharge  all  the  duties  required  by  law  of 
such  collector  or  surveyor  in  his  capacity  as  disbursing 
agent;  and  the  official  bond  given  by  the  principal  of  the 
office  shall  be  held  to  cover  and  apply  to  the  acts  of  the 
person  appointed  to  act  in  his  place  in  such  cases. 

a  s.,  2632.  Every  naval  officer  and  surveyor,  in  cases  of  occasional 

and  necessary  absence,  or  of  sickness,  and  not  otherwise, 
may  respectively  exercise  and  perform  their  functions, 
powers,  and  duties  by  deputy,  duly  constituted  under 
their  hands  and  seals  respectively,  for  whom,  in  the 
execution  of  their  trust,  they  shall  respectively  be  an- 
swerable. 

&.  s.,  2633.  The  Secretary  of  the  Treasury  is  authorized,  whenever 

in  his  opinion  the  public  interest  demands  it,  to  clothe 
any  deputy  collector  at  a  port  other  than  the  principal 
port  of  entry,  with  all  the  powers  of  his  principal  apper- 
taining to  official  acts;  and  he  may  require  such  deputy 
to  give  bond  to  the  United  States,  in  such  amount  as  the 
Secretar}^  may  prescribe,  for  the  faithful  discharge  of  his 
official  duties. 

The  Secretary  of  the  Treasury  may,  from  time  to  time, 
except  in  cases  otherwise  provided,  limit  and  fix  the 
number  and  compensation  of  the  clerks  to  be  employed 
by  any  collector,  naval  officer,  or  surveyor,  and  may  limit 
and  fix  the  compensation  of  any  deputy  of  any  such  col- 
lector, naval  officer,  or  surveyor. 

Every  collector,  naval  officer,  and  surveyor  shall  cause 
to  be  affixed,  and  constantly  kept  in  some  public  and  con- 
spicuous place  of  his  office,  a  fair  table  of  the  rates  of  fees 
and  duties  demandable  by  law,  and  shall  give  a  receipt 
for  the  fees  received  by  him,  specifying  the  particulars 
whenever  required  so  to  do;  and  for  every  failure  so  to 
do,  he  shall  be  liable  to  a  penalty  of  one  hundred  dollars, 
recoverable  to  the  use  of  the  informer, 
it.  s.,  2636.  Every  officer  of  the  customs  who  demands  or  receives 

any  other  or  greater  fee,  compensation,  or  reward  than  is 
allowed  by  law,  for  performing  any  duty  or  service  re- 
quired from  him  by  law,  shall  be  liable  to  a  penalty  of 
two  hundred  dollars  for  each  offense,  recoverable  to  the 
use  of  the  party  aggrieved. 


R.  S.,  2634. 


II.  S.,  2635. 


PART   XLVI. — ADMINISTRATIVE     \NI»    EXECUTIVE    OFFICES.      511 

If  any  inspector,  gauger,  weigher,  or  measurer  shall  as.,2637. 
receive  any  gratuity,  fee,  or  reward  for  any  services  per- 
formed by  virtue  of  this  Title  [R.  S.,  2517-3129],  other 
than  is  by  law  allowed,  or  of  any  ganger,  weigher,  or 
measurer,  employed  as  such  by  the  public,  in  the  districts 
of  Portsmouth,  Salem  and  Beverly,  Boston  and  Charles- 
town,  Providence,  New  York,  Philadelphia.  Baltimore, 
Norfolk  and  Portsmouth,  or  Charleston,  shall  gauge, 
weigh,  or  measure  any  article  or  articles,  other  than  shall 
he  directed  by  the  proper  officer,  in  order  to  ascertain  the 
duties  to  be  received,  or  the  drawbacks  to  he  allowed 
thereon,  or  shall  make  a  return  of  the  weight,  gauge,  or 
measure  of  any  merchandise  laden,  or  to  be  laden,  on 
board  any  vessel  for  the  benefit  of  drawback  upon  ex- 
portation, without  having  actually  weighed,  gauged,  or 
measured  the  same,  as  the  case  may  require,  after  such 
merchandise  shall  have  been  notified  to  the  collector  and 
entered  for  exportation,  he  shall  be  liable  for  the  first 
offense  to  a  penalty  of  fifty  dollars,  and  for  each  subse- 
quent offense  to  a  penalty  of  two  hundred  dollars,  and  be 
discharged  from  the  public  service.  And  if  any  in- 
spector or  other  officer  of  the  customs  shall  certify  the 
shipment  of  any  merchandise  entitled  to  drawback  on 
exportation  without  having  duly  inspected  and  examined 
the  same,  after  he  shall  have  received  the  permit  for 
lading  such  merchandise,  or  if  the  amount  of  such  draw- 
back shall  be  estimated  according  to  weight,  gauge,  or 
measure,  until  such  merchandise  shall  be  first  weighed, 
gauged,  or  measured,  as  the  case  may  require,  he  shall  be 
subject  to  the  like  penalties,  and  be  discharged  from  the 
public  service. 

Xo  person  employed  under  the  authority  of  the  United  R-  s-> 2638- 
States,  in  the  collection  of  duties  on  imports  or  tonnage, 
shall  own,  either  in  whole  or  in  part  any  vessel,  or  act  as 
agent,  attorney,  or  consignee  for  the  owner  or  owners  of 
any  vessel,  or  "of  any  cargo  or  lading  on  board  the  same; 
nor  shall  any  such  person  import,  or  be  concerned  directly 
or  indirectly  in  the  importation  of  any  merchandise  for 
sale  into  the  United  States.  Every  person  who  violates 
this  section  shall  be  liable  to  a  penalty  of  five  hundred 
dollars. 

Every  collector,  naval  officer,  and  surveyor  shall  keep  n-  s-  2639- 
accurate  accounts  of  all  fees  and  official  emoluments  re- 
ceived by  him,  and  of  all  expenditures,  specifying  ex- 
penditures for  rent,  fuel,  stationery,  and  clerk-hire,  and 
shall  annually,  within  ten  days  after  the  thirtieth  day  of 
June,  transmit  the  same,  verified  by  oath,  to  the  proper  Ju'y  31«  1894- 
Auditor,  who  shall  annually  lay  an  abstract  of  the  same 
before  Congress.  Every  collector,  naval  officer,  or  sur- 
veyor who  omits  or  neglects  to  keep  such  account,  or  to 
transmit  the  same  so  verified,  shall  be  liable  to  a  penalty 
of  not  more  than  five  hundred  dollars. 

Collectors,  naval  officers,  and  surveyors  shall  attend  in  R.  s.,  2640. 
person  at  the  ports  to  which  they  are  respectively  ap- 
pointed; and  shall  keep  fair  and  true  accounts  and  rec- 


512  NAVIGATION"    LAWS    OF    THE    UNITED    STATES. 


Feb.  14,  100 
See.  10. 


ords  of  all  their  transactions,  as  officers  of  the  customs,  in 
such  manner  and  form  as  may  from  time  to  time  be  di- 
rected by  the  Secretary  of  the  Treasury;  and  shall  at  all 
times  submit  their  books,  papers,  and  accounts  to  the  in- 
spection of  such  persons  as  may  be  appointed  for  that 
purpose;  and  shall  once  in  every  month,  or  oftener  if 
they  shall  be  required,  transmit  their  accounts  for  settle- 
ment to  the  officer  or  officers  whose  duty  it  shall  be  to 
make  such  settlement.  And  if  any  collector,  naval  officer, 
or  surveyor  shall  omit  to  keep  fair  and  true  accounts,  or 
shall  refuse  to  submit  forthwith  his  books,  papers,  and 
accounts  to  inspection  as  required  by  law,  or  if  any  col- 
lector shall  omit  or  refuse  to  render  his  accounts  for  set- 
tlement, for  a  term  exceeding  three  months  after  the  same 
shall  have  been  required  by  the  proper  officer,  the  delin- 
quent officer  shall  be  liable  to  a  penalty  of  one  thousand 
dollars,  to  be  recovered  with  costs  of  suit. 

r.  s.,  2641.  Every  collector,  naval  officer,  and  surveyor  shall  ac- 

sec.'io4.' 1903'  count  to  the  Treasury  for  all  his  emoluments,  and  also  for 
all  the  expenses  incident  to  his  office.  Such  accounts,  as 
well  of  expenses  as  of  emoluments,  shall  be  rendered  on 
oath,  at  such  times  and  in  such  forms,  and  shall  be  sup- 
ported by  such  proofs,  as  shall  be  prescribed  by  the 
Secretary  of  the  Treasury. 

r.  s.,  2642.  The  services  performed  by  occasional  inspectors  shall  be 

particularly  detailed  in  the  accounts  to  be  transmitted  to 
the  Treasury,  and  certified  by  the  naval  officer  or  surveyor 
of  the  district,  if  there  be  any,  as  to  the  necessity  for  and 
performance  of  such  services. 

b.  s.,  2643.  Every  collector,  naval  officer,  and  surveyor  shall,  to- 

gether with  his  accounts  of  the  expenses  incident  to  his 
office,  render  a  list  of  the  clerks  employed  by  him,  stating 
the  rate  of  compensation  allowed  to  each,  and  the  duties 
which  they  severally  perform ;  and  also  an  account  of  the 
sums  paid  for  stationery,  official  or  contingent  expenses, 
fuel,  and  office-rent,  stating  the  purposes  for  which  the 
premises  rented  are  applied. 

r.  s.,  2644.  The  collector  of  customs  of  each  of  the  districts  on  the 

northern,  northeastern,  and  northwestern  frontiers  shall 
render,  with  his  accounts  of  the  expenses  incident  to  his 
office,  a  list  of  the  clerks  and  other  officers  of  the  customs 
employed  by  him,  stating  the  rate  of  compensation  al- 
lowed* to  each,  the  duties  they  severally  perform,  and 
also  an  account  of  the  sums  paid  for  stationery,  fuel,  and 
all  other  office  expenses,  including  office-rent;  for  all  of 
which  expenses  he  shall  submit  an  estimate  each  month 
in  advance,  and  shall  state  the  purposes  for  which  any 
premises  are  used;  and  shall  also  render  an  accurate 
account  of  all  fees  and  commissions  collected  by  him. 

R.  s.,2645.  All  accounts  for  salary,  compensation,  and  emoluments 

shall  be  rendered  quarterly,  at  the  end  of  each  quarter  of 
the  fiscal  year. 


PART    XLVI. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       513 

All  blank-books,  blanks,  and  stationery  of  every  kind  I{-  B-  -G4G- 
required  by  collectors  and  other  officers  of  the  customs 
shall,  so  soon  as  they  can  be  prepared  for  delivery,  by  01 
under  the  direction  of  the  Secretary  of  the  Treasury  [or 
the  Secretary  of  Commerce],  be  furnished  to  them  for  the  Feb.  u,  ioos. 
use  of  their  respective  offices,  upon  requisition  made  by  ' 

them,  and  the  expense  of  such  books,  blanks,  and  sta- 
tionery shall  be  paid  out  of  the  appropriation  for  defray- 
ing the  expenses  of  collecting  the  revenue  from  customs. 

Every  collector  of  customs,  every  naval  officer,  and  u-  s-> 2647- 
every  surve}7or  performing  or  having  performed  the 
duties  of  a  collector,  shall  render  a  quarter-yearly  ac-  Feb.  u,  1903. 
count,  under  oath,  to  the  Secretary  of  the  Treasury,  in 
such  form  as  the  Secretary  shall  prescribe,  of  all  sums  of 
money  by  each  of  them  respectively  received  or  collected 
for  fines,  penalties,  or  forfeitures,  or  for  seizure  of  mer- 
chandise, or  upon  compromises  made  upon  any  seizure ;  or 
on  account  of  suits  instituted  for  frauds  against  the  reve- 
nue laws;  or  for  rent  and  storage  of  merchandise,  which 
may  be  stored  in  the  public  store-houses,  and  for  which  a 
rent  is  paid  beyond  the  rents  paid  by  the  collector  or  other 
such  officer;  or  for  custody  of  goods  in  bonded  ware- 
houses; and  if  from  such  accounting  it  shall  appear  that 
the  money  received  in  any  one  year  by  any  collector, 
naval  officer,  or  surveyor,  on  account  and  for  rents  and 
storage,  and  for  fees  and  emoluments,  shall  in  the  aggre- 
gate exceed  the  sum  of  two  thousand  dollars,  such  excess 
shall  be  paid  by  the  collector,  naval  officer,  or  surveyor, 
as  the  case  may  be,  into  the  Treasury  as  public  money. 

Collectors  and  surveyors  of  the  collection-districts  on  R-  s.,  2648. 
the  northern,  northeastern,  and  northwestern  frontiers 
are  authorized  to  keep  on  sale,  at  their  several  offices, 
blank  manifests  and  clearances  required  for  the  business 
of  their  districts,  and  to  charge  the  sum  of  ten  cents,  and 
no  more,  for  each  blank  which  shall  be  prepared  and  exe- 
cuted by  them. 

The  Secretary  of  the  Treasury  is  hereby  authorized  to    Executive  or- 
prescribe  uniform  blank  forms  to  be  used  in  connection  1013. 
with  the  entry  and  clearance  of  merchandise. 

The  Secretary  of  the  Treasury  be,  and  he  is  hereby,  au-  Feb.  c,  1907. 
thorized  to  appoint  a  deputy  collector  of  customs  and 
other  customs  officers  at  ports  and  subports  of  entry  in 
the  several  customs  collection  districts,  and  deputy  col- 
lectors thus  appointed  shall  have  authority  to  receive  en- 
tries, collect  duties,  and  to  perform  any  and  all  functions 
prescribed  by  law  for  collectors  of  customs,  subject  to 
such  regulations  and  restrictions  as  the  Secretary  of  the 
Treasury  shall  prescribe:  Provided,  That  whenever  the 
Secretary  of  the  Treasury  shall  appoint  a  deputy  collector 
at  a  port  of  entry  where  there  is  no  collector,  he  shall 
designate  the  collector  through  whom  such  deputy  shall 
report,  but  the  bond  of  such  deputy  shall  run  to  the  Gov- 
ernment, and  the  deputy  shall  be  financially  responsible 
directly  to  the  Government. 
143562°— 19 33 


514  NAVIGATION   LAWS   OF  THE   UNITED  STATES. 

465.   Steamboat-Inspection  Service. 

fu\S'i  ml  Sections  forty-four  hundred  and  two,  forty-four  hun- 
dred and  four,  and  forty-four  hundred  and  fourteen  of 
the  Revised  Statutes  of  the  United  States  be,  and  they 
are  hereby,  amended  to  read  as  follows : 

That  there  shall  be  a  supervising  inspector  general, 
who  shall  be  appointed  from  time  to  time  by  the  Presi- 
dent, by  and  with  the  advice  and  consent  of  the  Senate, 
and  who  shall  be  selected  with  reference  to  his  fitness  and 
ability  to  systematize  and  carry  into  effect  all  the  pro- 
visions of  law  relating  to  the  Steamboat-Inspection  Serv- 
ice, and  who  shall  be  entitled  to  a  salary  of  $5,000  a  year 
and  his  actual  necessary  traveling  expenses  while  travel- 
ing on  official  business  assigned  him  by  competent  au- 
thority, together  with  his  actual  and  reasonable  expenses 
for  transportation  of  instruments,  which  shall  be  certified 
and  sworn  to  under  such  instructions  as  shall  be  given 
by  the  Secretary  of  Commerce. 

The  Secretary  of  Commerce  may  appoint  a  deputy 
supervising  inspector  general,  who  shall  be  the  chief 
clerk  of  the  bureau  and  in  the  absence  of  the  supervising 
inspector  general  have  power  to  act  in  his  stead,  and  who 
shall  be  entitled  to  a  salary  of  $3,000  per  year. 

r.  s.,  4403.^       The  supervising  inspector-general  shall,  under  the  di- 

secs.  V.'  io.03'  rection  of  the  Secretary  of  Commerce,  superintend  the 
administration  of  the  steamboat-inspection  laws,  preside 
at  the  meetings  of  the  board  of  supervising  inspectors, 
receive  all  reports  of  inspectors,  receive  and  examine  all 
accounts  of  inspectors,  report  fully  at  stated  periods  to 
the  Secretary  of  Commerce  upon  all  matters  pertaining 
to  his  official  duties,  and  produce  a  correct  and  uniform 
administration  of  the  inspection  laws,  rules,  and  regu- 
lations. 

July  "2)4*°94i8.  There  shall  be  eleven  supervising  inspectors,  who 
shall  be  appointed  by  the  President,  by  and  with  the 
advice  and  consent  of  the  Senate.  Each  of  them  shall  be 
selected  for  his  knowledge,  skill,  and  practical  experience 
in  the  uses  of  steam  for  navigation,  and  shall  be  a  com- 
petent judge  of  the  character  and  qualities  of  steam  ves- 
sels and  of  all  parts  of  the  machinery  employed  in  steam- 
ing. Each  supervising  inspector  shall  be  entitled  to  a 
salary  of  $3,450  a  year  and  his  actual  necessary  traveling 
expenses  while  traveling  on  official  business  assigned  him 
by  competent  authority,  together  with  his  actual  and 
reasonable  expenses  for  transportation  of  instruments, 
which  shall  be  certified  and  sworn  to  under  such  instruc- 
tions as  shall  be  given  by  the  Secretary  of  Commerce. 


PART   XLVI. — ADMINISTRATIVE   AND    EXECUTIVE   OFFICES.       515 

The  supervising  inspectors  and  the  Supervising  In-  §J;'B*  'J!;..-,. 
spector-General  shall  assemble  as  a  hoard  once  in  each  Feb.  8,' 1907. 
year  at  the  city  of  Washington,  District  of  Columbia, 
(in  the  third  Wednesday  in  January,  and  at  such  other 
times  as  the  Secretary  of  Commerce  shall  prescribe,  for 
joint  consultation,  and  shall  assign  to  each  of  the  super- 
vising inspectors  the  limits  of  territory  within  which  he 
shall  perform  his  duties.  The  board  shall  establish  all 
accessary  regulations  required  to  carry  out  in  the  most 
effective  manner  the  provisions  of  this  title  [R.  S.,  4399- 
4500]  and  also  regulations,  prohibiting  useless  and  un- 
necessary whistling,  and  such  regulations,  when  ap- 
proved by  the  Secretary  of  Commerce,  shall  have  the 
force  of  Taw.  The  supervising  inspector  for  the  district 
embracing  the  Pacific  coast  shall  not  be  under  obligation 
to  attend  the  meetings  of  the  board  oftener  than  once  in 
two  years:  but  when  he  does  not  attend  such  meeting 
he  shall  make  his  communications  thereto,  in  the  way  of 
a  report,  in  such  manner  as  the  board  shall  prescribe : 
Provided,  That  the  Secretary  of  Commerce  may  at  any 
time  call  in  session,  after  reasonable  public  notice,  a 
meeting  of  an  executive  committee,  to  be  composed  of  the 
Supervising  Inspector-General  and  any  two  supervising 
inspectors,  which  committee,  with  the  approval  of  the 
said  Secretary,  shall  have  power  to  alter,  amend,  add  to, 
or  repeal  any  of  the  rules  and  regulations  made,  with 
the  approval  of  the  Secretary  of  Commerce,  by  the  board 
of  supervising  inspectors,  either  by  virtue  of  this  section 
or  under  any  power  granted  by  this  title,  or  any  amend- 
ments thereof,  such  alteration,  amendment,  addition,  or 
repeal,  when  approved  by  the  said  Secretary,  to  have  the 
force  of  law  and  to  continue  in  effect  until  thirty  days 
after  the  adjournment  of  the  next  meeting  of  the  board 
of  supervising  inspectors.  The  foregoing  powers  of  such 
executive  committee,  acting  with  the  said  Secretary,  shall 
also  extend  to  the  approval  of  the  instruments,  machines, 
and  equipments  referred  to  in  section  forty-four  hundred 
and  ninety-one  of  this  title. 

The  supervising  inspectors  shall  see  that  the  several  R-  s-  4408- 
boards  of  local  inspectors  within  their  respective  districts 
execute  their  duties  faithfully,  promptly,  and,  as  far  as 
possible,  uniformly  in  all  places,  by  following  out  the 
provisions  of  this  "Title  |"R.  S.,  4399-4500]  according  to 
the  true  intent  and  meaning  thereof;  and  they  shall,  as 
far  as  practicable,  harmonize  differences  of  opinion  exist- 
ing in  different  local  boards. 


516  NAVIGATION   LAWS   OF  THE   UNITED  STATES. 

r.  s.,  4409.  The  supervising  inspector  shall  visit  any  collection- 
district  in  which  there  is  at  any  time  no  board  of  inspec- 
tors, and  within  which  steam- vessels  are  owned  or  em- 
ployed. Each  supervising  inspector  shall  have  full  power 
in  any  such  district,  or  in  any  district  where,  from  dis- 
tance or  other  cause,  it  is  inconvenient  to  resort  to  the 
local  board,  to  inspect  any  steam-vessel  and  the  boilers  of 
such  steamer,  and  to  grant  certificates  of  approval,  and 
to  do  and  perform  all  the  duties  imposed  upon  local 
boards. 
r.  s.,  4410.  ^  Each  supervising  inspector  shall  report,  in  writing,  at 
May  22,  1912.  ^  en^  ^  eack  ggcaj  year  to  tne  Supervising  Inspector- 
General,  the  general  business  transacted  in  his  district 
during  the  year,  embracing  all  violations  of  the  laws 
regulating  vessels,  and  the  action  taken  in  relation  to  the 
same,  all  investigations  and  decisions  by  local  inspectors, 
and  all  cases  of  appeal,  and  the  result  thereof.  The 
board  shall  examine  into  all  the  acts  of  each  supervising 
inspector  and  local  board,  and  all  complaints  made 
against  the  same,  in  relation  to  the  performance  of  their 
duties  under  the  law,  and  the  judgment  of  the  board  in 
each  case  shall  be  entered  upon  their  journal;  and  the 
board  shall,  as  far  as  possible,  correct  mistakes  where 
they  exist. 
r.  s.  44ii.  The  board  of  supervising  inspectors  shall  establish  such 

regulations  as  may  be  necessary  to  make  known  in  a 
proper  manner,  to  local  inspectors,  the  names  of  all  per- 
sons licensed  under  the  provisions  of  this  Title  [K.  S.. 
4399-4500],  the  names  of  all  persons  from  whom  licenses 
have  been  withheld,  and  the  names  of  all  whose  licenses 
have  been  suspended  or  revoked;  also  the  names  of  all 
steam-vessels  neglecting  or  refusing  to  make  such  repairs 
as  may  be  ordered  pursuant  to  law,  and  the  names  of  all 
that  have  been  refused  certificates  of  inspection. 
r.  s.,  44i4.  There  shall  be  in  each  of  the  following  collection  dis- 
juiy  2,  1918.  trictS5  nameiy?  the  districts  of  Philadelphia,  Pennsylva- 
nia; San  Francisco,  California;  New  London,  Connecti- 
cut; Baltimore,  Maryland;  Detroit,  Michigan;  Chicago, 
Illinois;  Bangor,  Maine;  New  Haven,  Connecticut; 
Michigan,  Michigan;  Milwaukee,  Wisconsin;  Willamette, 
Oregon ;  Puget  Sound,  Washington ;  Savannah,  Georgia  : 
Pittsburgh,  Pennsylvania;  Oswego,  New  York;  Charles- 
ton, South  Carolina;  Duluth,  Minnesota;  Superior, 
Michigan;  Apalachicola,  Florida;  Galveston,  Texas; 
Mobile,  Alabama  ;  Providence,  Rhode  Island ;  and  in  each 
of  the  following  ports :  New  York.  New  York ;  Jackson- 


PART  XLVI. — ADMINISTRATIVE  AND  EXECUTIVE   OFFICIOS.       517 

ville,  Florida;  Tampa,  Florida;  Portland,  Maine;  Bos 
ton.  Massachusetts;  Buffalo,  New  York;  Cleveland, 
Ohio;  Toledo,  Ohio;  Norfolk,  Virginia;  Evansville, 
Indiana;  Dubuque,  Iowa;  Louisville,  Kentucky;  Albany, 
New  York;  Cincinnati,  Ohio;  Memphis,  Tennessee; 
Nashville,  Tennessee;  Saint  Louis,  Missouri;  Port 
Huron,  Michigan;  New  Orleans,  Louisiana;  Los  Angeles, 
California;  Juneau,  Alaska:  Saint  Michael,  Alaska; 
Point  Pleasant,  West  Virginia;  and  Burlington,  Ver- 
mont; Honolulu,  Hawaii;  and  San  Juan,  Porto  Rico; 
one  inspector  of  hulls  and  one  inspector  of  boilers. 

The  inspector  of  hulls  and  the  inspector  of  boilers  in 
the  districts  and  ports  enumerated  in  the  preceding  para- 
graphs shall  be  entitled  to  the  following-  salaries,  to  be 
paid  under  the  direction  of  the  Secretary  of  Commerce, 
namely : 

For  the  port  of  New  York,  New  York ;  at  the  rate  of 
$2,950  per  year  for  each  local  inspector. 

For  the  districts  of  Philadelphia,  Pennsylvania;  Bal- 
timore, Maryland  ;  San  Francisco,  California  ;  and  Puget 
Sound,  Washington;  and  the  ports  of  Boston.  Massachu- 
setts; Buffalo.  New  Y^ork;  and  New  Orleans,  Louisiana, 
at  the  rate  of  $2,700  per  year  for  each  local  inspector. 

For  the  districts  of  Michigan,  Michigan;  Milwaukee, 
Wisconsin;  Duluth,  Minnesota;  Providence,  Rhode 
Island;  Chicago,  Illinois;  and  the  ports  of  Albany,  New 
York;  Cleveland,  Ohio;  Portland,  Maine;  Los  Angeles, 
California;  Juneau,  Alaska;  Saint  Michael,  Alaska;  and 
Norfolk,  Virginia;  Honolulu,  Hawaii;  and  San  Juan, 
Porto  Rico ;  at  the  rate  of  $2,500  per  year  for  each  local 
inspector. 

For  the  districts  of  Oswego,  New  York;  Willamette, 
Oregon ;  Detroit,  Michigan ;  and  Mobile,  Alabama ;  and 
the  ports  of  Saint  Louis,  Missouri;  and  Port  Huron, 
Michigan;  at  the  rate  of  $2,350  per  year  for  each  local 
inspector. 

For  the  districts  of  Pittsburgh,  Pennsylvania;  New 
Haven,  Connecticut;  Savannah,  Georgia;  Charleston, 
South  Carolina;  Galveston,  Texas;  New  London,  Con- 
necticut; Superior,  Michigan;  Bangor,  Maine;  and 
Apalachicola,  Florida :  and  the  ports  of  Dubuque,  Iowa ; 
Toledo,  Ohio;  Evansville.  Indiana;  Memphis,  Tennessee; 
Nashville,  Tennessee;  Point  Pleasant.  West  Virginia; 
Burlington,  Vermont:  Jacksonville,  Florida;  Tampa, 
Florida;  Louisville.  Kentucky:  and  Cincinnati.  Ohio:  at 
the  rate  of  $2,100  per  year  for  each  local  inspector. 


518  NAVIGATION   LAWS   OF   THE   UNTTED   STATES. 

And  in  addition  the  Secretary  of  Commerce  may  ap- 
point, in  districts  or  ports  where  the  volume  of  work 
requires  them,  assistant  inspectors,  at  a  salary,  for  the 
port  of  New  York,  of  $2,500  a  year  each ;  for  the  port  of 
New  Orleans,  Louisiana;  the  districts  of  Philadelphia, 
Pennsylvania;  Baltimore,  Maryland;  the  ports  of  Bos- 
ton, Massachusetts;  Providence,  Rhode  Island;  and  the 
district  of  San  Francisco,  California,  at  $2,350  per  year 
each,  and  for  all  other  districts  and  ports  at  a  salary 
of  $2,100  a  year  each ;  and  he  may  appoint  a  clerk  to  any 
such  board  at  a  compensation  not  exceeding  $1,500  a  year 
to  each  person  so  appointed.  Every  inspector  provided 
for  in  this  or  the  preceding  sections  of  this  title  shall  be 
paid  his  actual  necessary  traveling  expenses  while  travel- 
ing on  official  business  assigned  him  by  competent 
authority,  together  with  his  actual  and  reasonable  ex- 
penses for  transportation  of  instruments,  which  shall  be 
certified  and  sworn  to  under  such  instructions  as  shall  be 
given  by  the  Secretary  of  Commerce. 

Assistant  inspectors,  appointed  as  provided  by  law, 
shall  perform  such  duties  of  actual  inspection  as  may  be 
assigned  to  them  under  the  direction,  supervision,  and 
control  of  the  local  inspectors. 

The  Secretary  of  Commerce  may  appoint  not  exceed- 
ing four  traveling  inspectors  when  in  his  judgment  they 
are  necessary  for  the  improvement  of  the  service,  each  of 
whom  shall  be  entitled  to  a  salary  of  $3,000  a  year  and 
his  actual  necessary  traveling  expenses  while  traveling 
on  official  business. 

That  all  officers  and  employees  provided  for  in  this 
Act  shall  not  receive  the  additional  compensation  au- 
thorized by  section  six  of  the  Act  making  appropria- 
tions for  the  legislative,  executive,  and  judicial  expenses 
of  the  Government  for  the  fiscal  year  ending  June  thir- 
tieth, nineteen  hundred  and  nineteen. 

And  the  Secretary  of  Commerce  may  from  time  to  time 
detail  said  assistant  inspectors  of  one  port  or  district 
for  service  in  any  other  port  or  district,  as  the  needs  of 
the  Steamboat-Inspection  Service  may,  in  his  discretion, 
require,  and  the  actual  necessary  traveling  expenses  of 
assistant  inspectors  so  detailed,  while  traveling  on  offi- 
cial business  assigned  them  by  competent  authority, 
shall,  subject  to  such  limitations  as  the  said  Secretary 
may  in  his  discretion  prescribe,  be  paid  in  the  same 
manner  as  provided  in  this  section  for  inspection. 


PART  XLVI. — ADMINISTRATIVE  AND   EXECUTIVE  OFFICES.       519 

The  inspector  of  hulls  shall  be  a  person  of  good  charac-  jj^"}^ 
ter  and  suitable  qualifications  and  attainments  to  perform 
the  services  required  of  an  inspector  of  hulls,  who  from 
his  practical  knowledge  of  shipbuilding  and  navigation 
and  the  uses  of  steam  in  navigation  is  fully  competent  to 
make  a  reliable  estimate  of  the  strength,  seaworthiness, 
and  other  qualities  of  the  hulls  of  vessels  and  their  equip- 
ment deemed  essential  to  safety  of  life  in  their  naviga- 
tion; and  the  inspector  of  boilers  shall  be  a  person  of 
good  character  and  suitable  qualifications  and  attain- 
ments to  perform  the  services  required  of  an  inspector  of 
boilers,  who  from  his  knowledge  and  experience  of  the 
duties  of  an  engineer  employed  in  navigating  vessels  by 
steam,  and  also  of  the  construction  and  use  of  boilers,  and 
machinery  and  appurtenances  therewith  connected,  is 
able  to  form  a  reliable  opinion  of  the  strength,  form, 
workmanship,  and  suitableness  of  boilers  and  machinery 
to  be  employed,  without  hazard  to  life  from  imperfection 
in  the  material,  workmanship,  or  arrangement  of  any 
part  of  such  apparatus  for  steaming.  The  inspector  of 
hulls  and  the  inspector  of  boilers  designated  by  the  Sec- 
retary of  Commerce  shall,  from  the  date  of  designation, 
constitute  a  board  of  local  inspectors. 

No  person  interested,  either  directly  or  indirectly,  in  Mar^'sfwos. 
any  patented  article  required  to  be  used  on  any  steamer  sec.  2. 
by'  this  title,  [R.  S.,  4399-4500]  or  who  is  a  member  of 
any  association  of  owners,  masters,  engineers,  or  pilots  of 
steamboats,  or  who  is,  directly  or  indirectly,  pecuniarily 
interested  in  any  steam  vessel,  or  who  has  not  the  quali- 
fications and  acquirements  prescribed  by  this  title,  or 
who  is  intemperate  in  his  habits,  shall  be  eligible  to  hold 
the  office  of  either  supervising,,  local,  or  assistant  in- 
spector, or  to  discharge  the  duties  thereof;  and  if  any 
snch  person  shall  attempt  to  exercise  the  functions  of  the 
office  of  either  inspector  he  shall  be  deemed  guilty  of  a 
misdemeanor,  punishable  by  a  fine  of  five  hundred  dol- 
lars, and  shall  be  dismissed  from  office. 

The  Secretary  of  Commerce  shall  procure  for  the  sev-    p;bs  i444ig03 
eral  supervising  inspectors  and  local  boards  of  inspectors    sees.  4,'  10. 
such  instruments,  stationery,  printing,  and  other  things 
necessary  for  the  use  of  their  respective  offices  as  may  be 
required  therefor. 

The  salaries  of  the  supervising  inspector-general,  of  all    R-  s->  4461- 
supervising  inspectors,  local  inspectors,  assistant  inspect- 
ors, and  clerks,  provided  for  by  this  Title  \R.  S..  [:','.)!>- 
4500],  together  with  their  traveling  and  other  expenses 
when  on  official  duty,  and  all  instruments,  books,  blanks, 


520  NAVIGATION   LAWS   OF  THE   UNITED  STATES. 

Feb6 1\9,  i903-  stationery,  furniture,  and  other  things  necessary  to  carry 

slcs.  4/ 10.  into  effect  the  provisions  of  this  title,  shall  be  paid  for, 
under  the  direction  of  the  Secretary  of  Commerce. 

FebS"i44,4i903.     Tne  Secretary  of  Commerce  shall  make  such  regula- 

secs.  4,' io.  tions  as  may  be  necessary  to  secure  the  proper  execution 
of  this  Title  [R.  S.,  4399-4500]. 

r.  s.,  4455.  jne  inspectors  of  one  district  shall  not  modify  or  annul 
the  doings  of  the  inspectors  of  another  district  in  regard 
to  repairs,  unless  there  is  a  change  in  the  state  of  things, 
demanding  more  repairs  than  were  thought  necessary 
when  the  order  was  made.  Nor  shall  the  inspectors  of 
one  district  license  a  person  coming  from  another  district, 
if  such  person  has  been  rejected  for  unfitness  or  want  of 
qualifications. 

r.  s.,  4456.  The  local  board  of  inspectors,  when  so  requested  in 
writing  by  any  master  or  owner,  shall,  under  the  direc- 
tion of  the  supervising  inspector,  inspect  steamers  in 
other  collection  districts  where  no  such  board  is  estab- 
lished ;  and  if  a  certificate  of  approval  is  not  granted,  no 
other  inspection  shall  be  made  by  the  same  or  any  other 
board  until  the  objections  made  by  such  local  board  and 
unreversed  by  the  supervising  inspector  of  the  district, 
are  removed.  Nothing  in  this  section  shall  impair  the 
right  of  the  inspectors  to  permit  such  vessel  to  go  to  an- 
other port  for  repairs,  if  in  their  opinion  it  can  be  done 
with  safety. 

r.  s.,  4457.  The  local  inspectors  shall  keep  a  record  of  certificates 
of  inspection  of  vessels,  their  boilers,  engines,  and  ma- 
chinery, and  of  all  their  acts  in  their  examination  and 
inspection  of  steamers,  whether  of  approval  or  disap- 
proval ;  and  when  a  certificate  of  approval  is  recorded,  the 
original  shall  be  delivered  to  the  collector  or  other  chief 
officer  of  the  customs  of  the  district.  They  shall  also  keep 
a  like  record  of  certificates  authorizing  gunpowder  to  be 
carried  as  -freight  by  any  steamer  carrying  passengers, 
and  of  all  licenses  granted  to  masters,  mates,  pilots,  and 
engineers,  and  of  all  refusals  of  the  same,  of  all  suspen- 
sions and  revocations  of  license,  of  all  refusals,  suspen- 
sions, or  revocations  of  which  they  shall  receive  notices 
from  other  districts ;  and  shall  report  to  the  supervising 
inspector  of  their  respective  districts,  in  writing,  their 
decisions  in  cases  of  refusal  of  licenses,  or  of  the  suspen- 
sion or  revocation  thereof,  and  all  testimony  received 
by  them  in  such  proceedings.  They  shall  also  report 
promptly  to  such  supervising  inspector  all  violations  of 
the  steamboat-laws  that  come  to  their  knowledge.    They 


PART   XLVI. — ADMINISTRATIVE  AND  EXECUTIVE  OFFICES.       521 

shall  also  keep  an  accurate  account  of  every  steamer 
boarded  by  them  during  the  year;  and  of  all  their  official 
acts  and  doings,  which,  in  the  form  of  a  report,  they  shall 
communicate  to  the  supervising  inspector  of  the  district, 
at  such  times  as  the  board  of  supervising  inspectors,  by 
their  established  rules,  shall  direct. 

Every  inspector  who  willfully  certifies  falsely  touching  R-  s.,  4425. 
any  steam-vessel,  as  to  her  hull,  accommodations,  boilers, 
engines,  machinery,  or  their  appurtenances,  or  any  of  her 
equipments,  or  any  matter  or  thing  contained  in  any  cer- 
tificate signed  and  sworn  to  by  him,  shall  be  punished  by 
fine  of  not  more  than  five  hundred  dollars,  or  imprison- 
ment for  not  more  than  six  months,  or  both. 

Every  inspector  of  steamboats  who,  upon  any  pretense,    Mar.  4  1909. 
receives  any  fee  or  reward  for  his  services,  except  what  is     Repeals  r.  s., 
allowed  to  him  by  law,  shall  forfeit  his  office,  and  be  fined  5482' 
not  more  than  five  hundred  dollars,  or  imprisoned  not 
more  than  six  months,  or  both. 

466.  Public  Health  Service. 

The  President,  by  and  with  the  advice  and  consent  of    £arS"348i875 
the  Senate,  shall,  from  time  to  time,  appoint  a  surgeon  to    Jan."  4,'  i889." 
act  as  surgeon-general  of  the  public  health  service,  who     JJ*  li/mi 
shall,  under  the  direction  of  the  Secretary  of  the  Treas- 
ury, supervise   all   matters   connected    with   the   public 
health  service,  and  with  the  disbursement  of  the  fund  for 
the  relief  of  sick  and  disabled  seamen.    He  shall  be  en- 
titled to  a  salary,  paid  out  of  the  marine-hospital  fund,  of 
five  thousand  dollars  a  year,  and  to  his  necessary  travel- 
ing expenses.    And  he  shall  make  monthly  reports  to  the 
Secretary  of  the  Treasury. 

Medical  officers  of  the  public  health  service  of  the 
United  States  shall  be  appointed  by  the  President  by  and 
with  the  advice  and  consent  of  the  Senate ;  and  no  person 
shall  be  so  appointed  until  after  passing  a  satisfactory 
examination  in  the  several  branches  of  medicine,  surgery 
and  hygiene  before  a  board  of  medical  officers  of  the  said 
service.  Said  examination  shall  be  conducted  according 
to  rules  prepared  by  the  surgeon-general  and  approved 
by  the  Secretary  of  the  Treasury  and  the  President. 
Original  appointments  in  the  service  shall  only  be  made 
to  the  rank  of  assistant  surgeon;  and  no  officer  shall  be 
promoted  to  the  rank  of  passed  assistant  surgeon  until 
after  four  years'  service  and  a  second  examination  as 
aforesaid ;  and  no  passed  assistant  surgeon  shall  be  pro- 
moted to  be  surgeon  until  after  due  examination. 


522  NAVIGATION"   LAWS   OP   THE   UNITED   STATES. 

The  Surgeon-General  is  authorized  to  cause  the  detail 
of  two  surgeons  and  two  passed  assistant  surgeons  for 
duty  in  the  bureau,  who  shall  each  receive  the  pay  and 
allowances  of  their  respective  grades  in  the  general 
service. 

s^'V'  19°2-  ^ie  President  is  authorized,  in  his  discretion,  to  utilize 
the  Public  Health  Service  in  times  of  threatened  or 
actual  war  to  such  extent  and  in  such  manner  as  shall 
in  his  judgment  promote  the  public  interest  without, 
however,  in  any  wise  impairing  the  efficiency  of  the  serv- 
ice for  the  purposes  for  which  the  same  was  created  and 
is  maintained. 

Sec7/'  19°2'  ^he  President  shall  from  time  to  time  prescribe  rules 
for  the  conduct  of  the  Public  Health  Service.  He  shall 
also  prescribe  regulations  respecting  its  internal  admin- 
istration and  discipline,  and  the  uniforms  of  its  officers 
and  employees.  It  shall  be  the  duty  of  the  Surgeon- 
General  to  transmit  annually  to  the  Secretary  of  the 
Treasury,  for  transmission  by  said  Secretary  to  Congress, 
a  full  and  complete  report  of  the  transactions  of  said 
service,  including  a  detailed  statement  of  receipts  and 
disbursements. 

gf-MSi  1803-      .Tne  medical  officers  of  the  United  States,  duly  clothed 

Mar.  J,'  1901.  with  authority  to  act  as  quarantine  officers  at  any  port 
or  place  within  the  United  States,  and  when  performing 
the  said  duties,  are  hereby  authorized  to  take  declarations 
and  administer  oaths  in  matters  pertaining  to  the  admin- 
istration of  the  quarantine  laws  and  regulations  of  the 
United  States. 

r.  s.j  4806.  The  Secretary  of  the  Treasury  is  authorized  to  lease,  or 

to  sell  at  public  auction,  to  the  highest  and  best  bidder, 
for  cash,  after  due  notice  in  the  public  newspapers,  such 
marine-hospital  buildings  and  lands  appertaining  thereto 
as  he  may  deem  it  advisable  to  sell,  and  to  make,  execute, 
and  deliver  all  needful  conveyances  to  the  lessees  or  pur- 
chasers thereof  respectively;  and  the  proceeds  of  such 
leases  and  sales  are  hereby  appropriated  for  the  marine- 
hospital  establishment.  But  the  hospitals  at  Cleveland  in 
Ohio,  and  Portland  in  Maine,  shall  not  be  sold  or  leased. 
And  this  section  shall  not  be  construed  to  authorize  the 
Secretary  of  the  Treasury  to  lease  or  sell  any  such  hos- 
pital where  the  relief  furnished  to  sick  mariners  shall 
show  an  extent  of  relief  equal  to  twenty  cases  a  day  on  an 
average  for  the  last  preceding  four  years,  or  where  no 
other  suitable  and  sufficient  hospital  accommodations  can 
be  procured  upon  reasonable  terms  for  the  comfort  and 
convenience  of  the  patients. 

Ieacr"43, 1875'  ^!ie  Secretary  of  the  Treasury  may  rent  or  lease  such 
marine-hospital  buildings,  and  the  lands  appertaining 
thereto,  as  he  may  deem  advisable  in  the  interests  of  the 
public  health  and  marine-hospital  service;  and  the  pro- 
ceeds of  such  rents  or  leases  are  hereby  appropriated  for 
the  said  service. 


PART   XLVI. — ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.      528 

It  shall  be  the  duty  of  the  Surgeon-General  of  the  Pub-  ||J-415.  ,s;,:;- 
lie  Health  Service,  under  the  direction  of  the  Secretary  July  i,  L902. 
of  the  Treasury,  to  perform  all  the  duties  in  respect  to 
quarantine  and  quarantine  regulations  which  are  pro- 
vided for  by  this  act,  and  to  obtain  information  of  the 
sanitary  condition  of  foreign  ports  and  places  from  which 
contagious  and  infectious  diseases  are  or  may  be  imported 
into  the  United  States,  and  to  this  end  the  consular  officer 
of  the  United  States  at  such  ports  and  places  as  shall  be 
designated  by  the  Secretary  of  the  Treasury  shall  make 
to  the  Secretary  of  the  Treasury  weekly  reports  of  the 
sanitary  condition  of  the  ports  and  places  at  which  they 
are  respectively  stationed,  according  to  such  forms  as 
the  Secretary  of  the  Treasury  shall  prescribe;  and  the 
Secretary  of  the  Treasury  shall  also  obtain,  through  all 
sources  accessible,  including  State  and  municipal  sanitary- 
authorities  throughout  the  United  States,  weekly  reports 
of  the  sanitary  condition  of  ports  and  places  within  the 
United  States,  and  shall  prepare,  publish,  and  transmit 
to  collectors  of  customs  and  to  State  and  municipal  health 
officers  and  other  sanitarians  weekly  abstracts  of  the 
consular  sanitary  reports  and  other  pertinent  information 
received  by  him,  and  shall  also,  as  far  as  he  may  be  able, 
by  means  of  the  voluntary  cooperation  of  State  and 
municipal  authorities,  of  public  associations,  and  private 
persons,  procure  information  relating  to  the  climatic 
and  other  conditions  affecting  the  public  health,  and  shall 
make  an  annual  report  of  his  operations  to  Congress,  with 
such  recommendations  as  he  may  deem  important  to  the 
public  interests. 

Whenever  the  proper  authorities  of  a  State  shall  sur- 
render to  the  United  States  the  use  of  the  buildings  and 
disinfecting  apparatus  at  a  State  quarantine  station,  the 
Secretary  of  the  Treasury  shall  be  authorized  to  receive 
them  and  to  pay  a  reasonable  compensation  to  the  State 
for  their  use,  if  in  his  opinion  they  are  necessary  to  the 
United  States. 

467.  Immigration  and  Naturalization  Bureau. 

The  office  of  commissioner-general  of  immigration  is  ^.'y'-  1891, 
hereby  created  and  established,  and  the  President,  by  and  Mar.  2,  1895. 
with  the  advice  and  consent  of  the  Senate,  is  authorized 
and  directed  to  appoint  such  officer,  whose  salary  shall  be 
four  thousand  dollars  per  annum,  payable  monthly.    The 
commissioner-general  of  immigration  shall  be  an  officer 
in  the  Department  of  Labor,  under  the  control  and  super- 
vision of  the  Secretary  of  Labor,  to  whom  he  shall  make  Feb.  14,^903. 
annual  reports  in  writing  of  the  transactions  of  his  office, 
together  with  such  special  reports,  in  writing,  as  the 
Secretary  of  Labor  shall  require,  and  in  addition  to  his 
other  duties,  shall  have  charge  under  the  Secretary  of 


Fob.  15,  ISO.".. 
Sec.  8. 


524 


NAVIGATION    LAWS    OF    THE    UNITED    STATES. 


June  6,  1900. 


Feb. 

It. 

,  1903. 

Sees 

.  4, 

7. 

Mar 

■  3, 

1903. 

Sec. 

■_,-> 

Feb. 

14. 

,  1903. 

Sees 

.4, 

7. 

Feb. 

-'<>. 

,  1907. 

Sec. 

L'L\ 

Aug.  18,  1894 


Labor  of  the  administration  of  the  alien-contract  labor 
laws. 

The  Secretary  shall  provide  the  commissioner-general 
with  a  suitably  furnished  office  in  the  city  of  Washington, 
and  with  such  books  of  record  and  facilities  for  the  dis- 
charge of  the  duties  of  his  office  as  may  be  necessary. 
He  shall  have  a  chief  clerk  at  a  salary  of  two  thousand 
dollars  per  annum  and  two  first  class  clerks. 

Hereafter  the  .Commissioner-General  of  Immigration, 
in  addition  to  his  other  duties,  shall  have  charge  of  the 
administration  of  the  Chinese  exclusion  law  and  of  the 
various  Acts  regulating  immigration  into  the  United 
States,  its  Territories,  and  the  District  of  Columbia,  un- 
der the  supervision  and  direction  of  the  Secretary  of 
Labor. 

The  Commissioner-General  of  Immigration,  in  addi- 
tion to  such  other  duties  as  may  by  law  be  assigned  to 
him,  shall,  under  the  direction  of  the  Secretary  of  Labor, 
have  charge  of  the  administration  of  all  laws  relating 
to  the  immigration  of  aliens  into  the  United  States,  and 
shall  have  the  control,  direction,  and  supervision  of  all 
officers,  clerks,  and  employees  appointed  thereunder.  He 
shall  establish  such  rules  and  regulations,  prescribe  such 
forms  of  bond,  reports,  entries,  and  other  papers,  and 
shall  issue  from  time  to  time  such  instructions,  not  incon- 
sistent with  law,  as  he  shall  deem  best  calculated  for 
carrying  out  the  provisions  of  this  Act  and  for  protect- 
ing the  United  States  and  aliens  migrating  thereto  from 
fraud  and  loss,  and  shall  have  authority  to  enter  into 
contract  for  the  support  and  relief  of  such  aliens  as  may 
fall  into  distress  or  need  public  aid ;  all  under  the  direc- 
tion or  with  the  approval  of  the  Secretary  of  Labor. 
And  it  shall  be  the  duty  of  the  Commissioner-General  of 
Immigration  to  detail  officers  of  the  immigration  service 
from  time  to  time  as  may  be  necessary,  in  his  judgment, 
to  secure  information  as  to  the  number  of  aliens  detained 
in  the  penal,  reformatory,  and  charitable  institutions 
(public  and  private)  of  the  several  States  and  Territories, 
the  District  of  Columbia,  and  other  territory  of  the 
United  States  and  to  inform  the  officers  of  such  institu- 
tions of  the  provisions  of  law  in  relation  to  the  deporta- 
tion of  aliens  who  have  become  public  charges:  Pro- 
vided, That  the  Commissioner-General  of  Immigration 
may,  with  the  approval  of  the  Secretary  of  Labor,  when- 
ever in  his  judgment  such  action  may  be  necessary  to  ac- 
complish the  purposes  of  this  Act,  detail  immigration 
officers,  and  also  surgeons,  in  accordance  with  the  provi- 
sions of  section  seventeen,  for  service  in  foreign  countries. 

The  commissioners  of  immigration  at  the  several  ports 
shall  be  appointed  by  the  President,  by  and  with  the  ad- 
vice and  consent  of  the  Senate,  to  hold  their  offices  for  the 
term  of  four  years,  unless  sooner  removed,  and  until  their 
successors  are  appointed. 


PART    XLVI. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       525 

The  duties  of  the  commissioners  of  immigration  shall  sec*23.' 19°7' 
be  of  an  administrative  character,  to  be  prescribed  in  de- 
tail by  regulations  prepared,  under  the  direction  or  "with 
the  approval  of  the  Secretary  of  Labor. 

Immigrant  inspectors  and  other  immigration  officers,  |££;224°;  1907- 
clerks,  and  employees  shall  hereafter  be  appointed  and 
their  compensation  fixed  and  raised  or  decreased  from 
time  to  time  by  the  Secretary  of  Labor,  upon  the  recom- 
mendation of  the  Commissioner-General  of  Immigration 
and  in  accordance  with  the  provisions  of  the  civil-service 
Act  of  January  sixteenth,  eighteen  hundred  and  eighty- 
three:  Provided^  That  said  Secretary,  in  the  enforcement 
of  that  portion  of  this  Act  which  excludes  contract  labor- 
ers, may  employ,  without  reference  to  the  provisions  of 
the  said  civil  service  Act,  or  to  the  various  Acts  relative 
to  the  compilation  of  the  official  register,  such  persons  as 
he  may  deem  advisable  and  from  time  to  time  fix,  raise, 
or  decrease  their  compensation:  Provided  further,  That 
nothing  herein  contained  shall  be  construed  to  alter  the 
mode  of  appointing  commissioners  of  immigration  at  the 
several  ports  of  the  United  States  as  provided  by  the 
sundry  civil  appropriation  Act  approved  August  eight- 
eenth, eighteen  hundred  and  ninety-four,  or  the  official 
status  of  such  commissioners  heretofore  appointed.  Im- 
migration officers  shall  have  power  to  administer  oaths 
and  to  take  and  consider  evidence  touching  the  right  of 
any  alien  to  enter  the  United  States,  and,  where  such 
action  may  be  necessary,  to  make  a  written  record  of  such 
evidence;  and  any  person  to  whom  such  an  oath  has  been 
administered  under  the  provisions  of  this  Act  who  shall 
knowingly  or  wilfully  give  false  evidence  or  swear  to  any 
false  statement  in  any  way  affecting  or  in  relation  to  the 
right  of  any  alien  to  admission  to  the  United  States  shall 
be  deemed  guilty  of  perjury  and  be  punished  as  provided 
by  section  fifty-three  hundred  and  ninety -two,  United 
States  Revised  Statutes.  The  decision  of  any  such  officer, 
if  favorable  to  the  admission  of  any  alien,  shall  be  sub- 
ject to  challenge  by  any  other  immigration  officer,  and 
such  challenge  shall  operate  to  take  the  alien  whose  right 
to  land  is  so  challenged  before  a  board  of  special  inquiry 
for  its  investigation.  Every  alien  who  may  not  appear 
to  the  examining  immigrant  inspector  at  the  port  of  ar- 
rival to  be  clearly  and  beyond  a  doubt  entitled  to  land 
shall  be  detained  for  examination  in  relation  thereto  by  a 
board  of  special  inquiry. 

Such  boards  of  special  inquiry  shall  be  appointed  by  fec.^0, 19°7' 
the  commissioner  of  immigration  at  the  various  ports  of 
arrival  as  may  be  necessary  for  the  prompt  determination 
of  all  cases  of  immigrants  detained  at  such  ports  under 
the  provisions  of  law.  Each  board  shall  consist  of  three 
members,  who  shall  be  selected  from  such  of  the  immi- 
grant officials  in  the  service  as  the  Commissioner-General 
of  Immigration,  with  the  approval  of  the  Secretary  of 
Labor,  shall  from  time  to  time  designate  as  qualified  to 


526  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

serve  on  such  boards:  Provided,  That  at  ports  where 
there  are  fewer  than  three  immigrant  inspectors,  the  Sec- 
retary of  Labor,  upon  the  recommendation  of  the  Com- 
missioner-General of  Immigration,  may  designate  other 
United  States  officials  for  service  on  such  boards  of  spe- 
cial inquiry.  Such  boards  shall  have  authority  to  deter- 
mine whether  an  alien  who  has  been  duly  held  shall  be 
allowed  to  land  or  shall  be  deported.  All  hearings  before 
boards  shall  be  separate  and  apart  from  the  public,  but 
the  said  boards  shall  keep  a  complete  permanent  record 
of  their  proceedings  and  of  all  such  testimony  as  may  be 
produced  before  them ;  and  the  decision  of  any  two  mem- 
bers of  a  board  shall  prevail,  but  either  the  alien  or  any 
dissenting  member  of  the  said  board  may  appeal  through 
the  commissioner  of  immigration  at  the  port  of  arrival 
and  the  Commissioner-General  of  Immigration  to  the 
Secretary  of  Labor,  and  the  taking  of  such  appeal  shall 
operate  to  stay  any  action  in  regard  to  the  final  disposal 
of  any  alien  whose  case  is  so  appealed  until  the  receipt 
by  the  commissioner  of  immigration  at  the  port  of  arrival 
of  such  decision  which  shall  be  rendered  solely  upon  the 
evidence  adduced  before  the  board  of  special  inquiry: 
Provided,  That  in  every  case  where  an  alien  is  excluded 
from  admission  into  the  United  States,  under  any  law 
or  treaty  now  existing  or  hereafter  made,  the  decision  of 
the  appropriate  immigration  officers,  if  adverse  to  the 
admission  of  such  alien,  shall  be  final,  unless  reversed 
en  appeal  to  the  Secretary  of  Labor ;  but  nothing  in  this 
section  shall  be  construed  to  admit  of  any  appeal  in  the 
case  of  an  alien  rejected  as  provided  for  in  section  ten 
of  this  Act. 

[Note. — The  Division  of  Naturalization  of  the  Bureau 
of  Immigration  and  Naturalization  was  made  the  Bureau 
of  Naturalization  by  the  act  of  March  4,  1913.] 
468.  Coast  Guard. 
Jan.  28. 1915.  There  shall  be  established  in  lieu  of  the  existing  Reve- 
nue-Cutter Service  and  the  Life-Saving  Service,  to  be 
composed  of  those  two  existing  organizations,  with  the 
existing  offices  and  positions  and  the  incumbent  officers 
and  men  of  those  two  services,  the  Coast  Guard,  which 
shall  constitute  a  part  of  the  military  forces  of  the  United 
States  and  which  shall  operate  under  the  Treasury  De- 
partment in  time  of  peace  and  operate  as  a  part  of  the 
Navy,  subject  to  the  orders  of  the  Secretary  of  the 
Navy,  in  time  of  war  or  when  the  President  shall  so 
direct.  When  subject  to  the  Secretary  of  the  Navy  in 
time  of  war  the  expense  of  the  Coast  Guard  shall  be 
paid  by  the  Navy  Department :  Provided,  That  no  pro- 
vision of  this  Act  shall  be  construed  as  giving  any  officer 
of  either  the  Coast  Guard  or  the  Navy,  military  or  other 
control  at  any  time  over  any  vessel,  officer,  or  man  of 
the  other  service  except  by  direction  of  the  President. 


PART   XLVI. —  A!>MI.\ISTi;.\TI\T.    AND    EXECUTIVE    OFFICES.       527 

In  the  Coast  Guard  there  shall  be  a  captain  com-  s,'r-  -• 
mandant,  senior  captains,  captains,  first  Lieutenants,  sec- 
ond lieutenants,  third  lieutenants,  engineer  in  chief,  cap- 
tains of  engineers,  lirst  lieutenants  of  engineers,  second 
lieutenants  of  engineers,  third  lieutenants  of  engineers 
and  constructors,  cadet  and  cadel  engineers,  warrant 
officers,  petty  officers,  and  other  enlisted  men.  all  of  said 
offices,  respectively,  corresponding  to  the  present  offices 
of  the  Revenue-Cutter  Service,  which  are  transferred  to 
the  Coast  Guard,  and  all  the  present  incumbents,  officers 
and  enlisted  men.  are  also  transferred  to  corresponding 
positions  in  the  Const  Guard;  a  general  superintendent, 
assistant  general  superintendent,  district  superintendents, 
keepers,  and  surfmen,  which  offices  and  positions  shall  he 
transferred  from  the  corresponding  positions  in  the  exist 
ing  Life-Saving  Service  and  be  made  like  positions  in 
the  Coast  ( J uard.  and  all  the  incumbent  officers  and  surf- 
men  shall  be  transferred  to  such  corresponding  positions 
in  the  Coast  Guard,  in  which  the  superintendents  shall 
be  commissioned  as  such,  keepers  shall  be  warrant  officers, 
and  surfmen  shall  be  enlisted  men,  of  which  enlisted  men 
the  number  one  surfmen  shall  be  petty  officers. 

#  *  #  *  * 

Except  as  herein  modified  all  existing  laws  relating 
either  to  the  present  Life-Saving  Service  or  the  present 
Eevenue-Cutter  Service  shall  remain  of  force  as  far  as 
applicable  to  the  Coast  Guard  and  the  offices,  positions, 
operations,  and  duties  shall  in  all  respects  be  held  and 
construed  to  impose  the  same  duties  upon  the  positions 
and  their  incumbents  in  the  Coast  Guard  as  are  now 
imposed  upon  the  corresponding  positions  and  incum- 
bents in  the  said  two  existing  organizations.  The  pro- 
visions of  the  Act  entitled  "An  Act  to  regulate  enlist- 
ments and  punishments  in  the  United  States  Revenue- 
Cutter  Service,"  approved  May  twenty-sixth,  nineteen 
hundred  and  six,  shall  apply  to  and  govern  the  Coast 
Guard. 

All  duties  now  performed  by  the  Eevenue-Cutter  Serv- 
ice and  Life-Saving  Service  shall  continue  to  be  per- 
formed by  the  Coast  Guard,  and  all  such  duties,  together 
with  all  duties  that  may  hereafter  be  imposed  upon  the 
Coast  Guard,  shall  be  administered  by  the  captain  com- 
mandant, under  the  direction  of  the  Secretary  of  the 
Treasury,  and  all  funds  and  appropriations  now  provided 
by  law  for  the  Eevenue-Cutter  Service  and  all  funds  and 
appropriations  now  provided  by  law  for  the  Life-Saving 
Service  shall  be  available  for  like  purposes  under  the 
Coast  Guard  hereby  created. 

*  *  *  *  * 

When  the  organization  of  the  Coast  Guard  shall  have  ^"'•'' 

been  perfected  the   President   is  authorized  to  retire  the 
general  superintendent  on  seventy-five  per  centum  of  his 


528  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

present  salary,  and  no  further  appointment  shall  be  made 
to  such  office.     At  the  same  time  the  office  of  assistant 
general  superintendent  shall  be  abolished. 
469.   Life-Saving  Service. 

se°e718' 1878'  It  shall  be  the  duty  of  the  general  superintendent  to 
supervise  the  organization  and  government  of  the  em- 
ployees of  the  service ;  to  prepare  and  revise  regulations 
therefor  as  may  be  necessary ;  to  fix  the  number  and  com- 
pensation of  surfmen  to  be  employed  at  the  several  sta- 
tions within  the  provisions  of  law;  to  supervise  the  ex- 
penditure of  all  appropriations  made  for  the  support  and 
maintenance  of  the  Life-Saving  Service;  to  examine  the 
accounts  of  disbursements  of  the  district  superintendents, 
and  to  certify  the  same  to  the  accounting-officer  of  the 
Treasury  Department;  to  examine  the  property  returns 
of  the  keepers  of  the  several  stations,  and  see  that  all 
public  property  thereto  belonging  is  properly  accounted 
for;  to  acquaint  himself,  as  far  as  practicable,  with  all 
means  employed  in  foreign  countries  which  may  seem  to 
advantageously  affect  the  interests  of  the  service,  and  to 
cause  to  be  properly  investigated  all  plans,  devices,  and 
inventions  for  the  improveme  1 1  of  life-saving  apparatus 
for  use  at  the  stations,  which  may  appear  to  be  meritori- 
ous and  available ;  to  exercise  supervision  over  the  selec- 
tion of  sites  for  new  stations  the  establishment  of  which 
may  be  authorized  by  law,  or  for  old  ones  the  removal  of 
which  may  be  made  necessary  by  the  encroachment  of  the 
sea  or  by  other  causes ;  to  prepare  and  submit  to  the  Sec- 
retary of  the  Treasury  estimates  for  the  support  of  the 
service;  to  collect  and  compile  the  statistics  of  marine 
disasters  contemplated  by  the  act  of  June  twentieth, 
eighteen  hundred  and  seventy-four ;  and  to  submit  to  the 
Secretary  of  the  Treasury,  for  transmission  to  Congress, 
an  annual  report  of  the  expenditures  of  the  moneys  ap- 
propriated for  the  maintenance  of  the  Life-Saving  Serv- 
ice, and  of  the  operations  of  said  service  during  the  year. 
74-  The  Secretary  of  the  Treasury  is  hereby  authorized, 
whenever,  in  his  opinion,  it  may  become  necessary  for  the 
proper  administration  of  the  life-saving  service,  and  the 
protection  of  the  public  property  at  the  stations  and 
nouses  of  refuge  herein  authorized  to  be  established,  to 
appoint  one  superintendent  for  the  coasts  of  Delaware 
and  Virginia,  one  for  the  coast  of  Florida,  one  for  the 
coasts  of  Lakes  Erie  and  Ontario,  one  for  the  coasts  of 
Lakes  Huron  and  Superior,  and  one  for  the  coast  of  Lake 
Michigan,  and  also  a  keeper  for  each  of  said  stations  and 
houses  of  refuge ;  and  the  said  superintendents  shall  have 
the  powers  and  perform  the  duties  of  inspectors  of 
customs. 

The  Secretary  of  the  Treasury  is  hereby  authorized  to 
appoint  an  assistant  to  the  superintendent  of  the  coast  of 


June 
Sec.  2 


PART   XLVI. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       529 

Long  Island  and  Rhode  Island,  who  shall  perform  the 
duties  required  of  the  superintendent  at  the  life-saving 
stations  within  the  State  of  Rhode  Island,  and  reside  on 
Block  Island,  and  for  his  services  he  shall  receive  an 
annual  salary  of  five  hundred  dollars. 

The  Secretary  of  the  Treasury  is  hereby  authorized  to  sec.5. 
employ  crews  of  experienced  surfmen  at  such  of  the  sta- 
tions herein  denominated  complete  stations  and  at  such 
of  the  life-boat  stations  on  the  Pacific  coast  as  he  may 
deem  necessary  and  proper,  for  such  periods,  and  at  such 
compensation,  not  to  exceed  forty  dollars  per  month,  as 
he  may  deem  necessary  and  reasonable. 

The  Secretary  of  the  Treasury  may  accept  the  services  s. , .  6. 
of  volunteer  crews  of  any  of  the  life-boat  stations  herein 
authorized,  who  shall  be  subject  to  the  rules  and  regula 
tions  governing  the  life-saving  service;  and  a  list  of  the 
names  of  each  crew  shall  be  kept  in  the  office  of  the  Sec- 
retary of  the  Treasury.  Such  volunteers  shall  receive  no 
compensation  except  a  sum  of  not  more  than  ten  dollars 
each  for  every  occasion  upon  which  they  shall  have  been 
instrumental  in  saving  human  life,  and  such  of  the  medals 
herein  authorized  as  they  may  be  entitled  to  under  the 
provisions  hereinafter  made:  Provided,  That  no  pay- 
ment shall  be  made  to  any  person  who  shall  not  have 
actually  participated  in  the  efforts  to  save  the  life  or  lives 
rescued. 

Section  six  of  said  act  of  June  twentieth,  eighteen  hun-  June  is,  1878 
dred  and  seventy-four,  is  so  amended  as  to  extend  the  !"ec' * 
compensation  of  the  enrolled  members  of  volunteer  crews 
of  life-boat  stations  therein  named  to  occasions  of  actual 
and  deserving  services  at  any  shipwreck,  or  in  the  relief  of 
any  vessel  in  distress,  and  that  such  persons  as  may  volun- 
teer to  take  the  place  of  any  absent  or  disabled  enrolled 
members  of  a  crew,  and  who  shall  be  accepted  by  the 
keeper,  may  be  paid  therefor,  in  the  discretion  of  the 
Secretary  of  the  Treasury,  a  sum  not  to  exceed  eight  dol- 
lars each  on  every  such  occasion:  Provided,  That  all 
crews  and  volunteers  employed  under  authority  of  this 
act  who  may  be  present  at  a  wreck  shall  be  required  to 
use  their  utmost  endeavors  to  save  life  and  properly  care 
for  the  bodies  of  such  as  may  perish,  and,  when  such 
efforts  are  no  longer  necessary,  to  save  property  and  pro- 
tect the  same,  under  the  direction  of  the  senior  keeper 
present  or  of  the  superintendent  of  the  district,  until  the 
arrival  of  persons  legally  authorized  to  take  charge;  and 
for  the  time  employed  in  so  saving  and  protecting  prop- 

143562°— 19 34 


530  NAVIGATION    LAWS   OF    THE   UNITED    STATES. 

erty  volunteers  shall  be  entitled  to  compensation  not  to 
exceed  three  dollars  per  day  each,  in  the  discretion  of  the 
Secretary  of  the  Treasury. 

^;;v_4'  18.82-  If  any  keeper  or  member  of  a  crew  of  a  life-saving  or 
life-boat  station  shall  be  so  disabled  by  reason  of  any 
wound  or  injury  received  or  disease  contracted  in  the 
Life-Saving  Service  in  the  line  of  duty  as  to  unfit  him  for 
the  performance  of  duty,  such  disability  to  be  determined 
in  such  manner  as  shall  be  prescribed  in  the  regulations 
of  the  service,  he  shall  be  continued  upon  the  rolls  of  the 
service  and  entitled  to  receive  his  full  pay  during  the  con- 
tinuance of  such  disability,  not  to  exceed  the  period  of 
one  year,  unless  the  general  superintendent  shall  recom- 
mend, upon  a  statement  of  facts,  the  extension  of  the 
period  through  a  portion  or  the  whole  of  another  year, 
and  said  recommendation  receive  the  approval  of  the 
Secretary  of  the  Treasury  as  just  and  reasonable;  but  in 
no  case  shall  said  disabled  keeper  or  member  of  a  crew  be 
continued  upon  the  rolls  or  receive  pay  for  a  longer 
period  than  two  years. 

sec.  8.  If  any  keeper  or  member  of  a  crew  of  a  life-saving  sta- 

sec!'326'  1908'tion  shall  hereafter  die  by  reason  of  perilous  service  or 
any  wound  or  injury  received  or  disease  contracted  in 
the  life-saving  service  in  the  line  of  duty,  leaving  a 
widow,  or  a  child  or  children  under  sixteen  years  of  age, 
or  a  dependent  mother,  such  widow  and  child  or  chil- 
dren and  dependent  mother  shall  be  entitled  to  receive, 
in  equal  portions,  during  a  period  of  two  years,  under 
such  regulations  as  the  Secretary  of  the  Treasury  may 
prescribe,  the  same  amount,  payable  quarterly  as  far  as 
practicable,  that  the  husband  or  father  or  son  would  be 
entitled  to  receive  as  pay  if  he  were  alive  and  continued 
in  the  service :  Provided,  That  if  the  widow  shall  remarry 
at  any  time  during  the  said  two  years  her  portion  of  said 
amount  shall  cease  to  be  paid  to  her  from  the  date  of  her 
remarriage,  but  shall  be  added  to  the  amount  to  be  paid 
to  the  remaining  beneficiaries  under  the  provisions  of 
this  section,  if  there  be  any ;  and  if  any  child  shall  arrive 
at  the  age  of  sixteen  years  during  the  said  two  years,  the 
portion  of  such  child  shall  cease  to  be  paid  to  such  child 
from  the  date  on  which  such  age  shall  be  attained,  but 
shall  be  added  to  the  amount  to  be  paid  to  the  remaining 
beneficiaries,  if  there  be  any. 

sec.V8'  1878'  Upon  the  occurrence  of  any  shipwreck  within  the 
scope  of  the  operations  of  the  Life- Saving  Service,  at- 
tended with  loss  of  life,  the  general  superintendent  shall 
cause  an  investigation  of  all  the  circumstances  connected 
with  said  disaster  and  loss  of  life  to  be  made,  with  a  view 
of  ascertaining  the  cause  of  the  disaster,  and  whether  any 
of  the  officers  or  employees  of  the  service  have  been  guilty 
of  neglect  or  misconduct  in  the  premises;  and  any  officer 
or  clerk  in  the  employment  of  the  Treasury  Department 
who  may  be  detailed  to  conduct  such  investigation,  or  to 


PART    XLVI. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       531 

examine  into  any  alleged  incompetency  or  misconduct  of 
any  of  the  officers  or  employees  of  the  Life-Saving  Serv- 
ice shall  have  authority  to  administer  an  oath  to  any  wit- 
ness attending  to  testily  or  depose  in  the  course  of  such 
investigation. 

The  enrolled  members  of  the  crews  of  life-boat  stations  Seen. 
may  be  called  out  for  drill  and  exercise  in  the  life-boat 
ami  life-saving  apparatus  as  often  as  the  general  superin- 
tendent may  determine,  not  to  exceed  twice  a  month,  for 
each  day's  attendance  at  which  they  shall  be  entitled  to 
the  sum  of  three  dollars  each. 

The  Secretary  of  the  Treasury  is  hereby  authorized  to  ^y24;  1882- 
discontinue  any  life-saving  or  life-boat  station  or  house 
of  refuge  whenever  in  his  judgment  the  interests  of  com- 
merce and  humanity  no  longer  require  its  existence. 

The  Genera]  Superintendent  may  transfer  the  appara-  Sec-3- 
tus.  appliances,  equipments,  and  supplies  of  any  discon- 
tinued station  or  house  of  refuge  to  such  other  stations  or 
houses  of  refuge  as  may  need  them,  and  may  also  transfer 
any  portion  of  the  apparatus,  appliances,  equipments, 
and  supplies,  of  one  station  or  house  of  refuge  to  another 
whenever  in  his  judgment  the  interests  of  the  service  may 
require  it. 

Hereafter  all  district  superintendents  of  life-saving  Sec-4- 
stations  shall  be  disbursing  officers  and  paymasters  for 
their  respective  districts,  and  shall  give  such  bonds  as  the 
Secretary  of  the  Treasury"  may  require,  and  shall  have 
the  powers  and  perform  the  duties  of  inspectors  of 
customs. 

The  appointment  of  district  superintendents,  inspec-  Sec  10. 
tors,  and  keepers  and  crews  of  life-saving  stations  shall 
be  made  solely  with  reference  to  their  fitness,  and  with- 
out reference  to  their  political  or  party  affiliations. 

Hereafter  the  compensation  of  the  keepers  of  life-sav-  June  18, 1878 
ing  and  life-boat  stations  and  houses  of  refuge  shall  be  at 
the  rate  of  four  hundred  dollars  per  annum;  and  they 
shall  have  the  powers  of  inspectors  of  customs,  but  shall 
receive  no  additional  compensation  for  duties  performed 
as  such:  Provided,  That  said  keepers  shall  have  author- 
ity and  be  required  to  take  charge  of  and  protect  all 
property  saved  from  shipwreck  at  which  they  may  be 
present,  until  it  is  claimed  by  parties  legally  authorized 
to  receive  it,  or  until  otherwise  instructed  to  dispose  of 
it  by  the  Secretary  of  the  Treasury;  and  keepers  of  life- 
saving  stations  shall  be  required  to  reside  continually  at 
or  in  the  immediate  vicinity  of  their  respective  stations. 
[Note:  Compensation  changed  .June  22.  1892:  but  powers 
bestowed  in  this  section  remain."] 

Hereafter  the  life-saving  stations  upon  the  Atlantic  Sec. 6 
and  gulf  coasts  at  which  crews  are  employed  shall  be 
manned  and  the  stations  opened  for  active  service  on  the 
first  day  of  August  in  each  year,  and  so  continue  until  the  Aug.  3,  1894 
first  day  of  June  succeeding,  and  upon  the  lake  coasts 


532  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

from  the  opening  to  the  close  of  navigation,  except  such 
stations  as,  in  the  discretion  of  the  Secretary  of  the 
Treasury,  are  not  necessary  to  be  manned  during  the  full 
period  specified;  and  the  crews  shall  reside  at  the  sta- 
tions during  said  periods. 
May  4,  1882.  Crews  may  be  employed  at  any  of  the  life-saving  or 
sec  6.  life-boat  stations  on  the  Pacific  coast  during  such  por- 

tion of  the  year  as  the  general  superintendent  may  deem 
necessary. 
.Tune  20,  1874.      The  Secretary  of  the  Treasury  is  hereby  authorized  to 
sec.  8.  make  all  necessary  regulations  for  the  government  of  the 

life-saving  service  not  inconsistent  with  law. 

470.  Coast  Guard. 

k.  s.,  276i.  The  master  of  any  Coast  Guard  cutter  shall  make  a 

weekly  return  to  the  collector,  or  other  officer  of  the  dis- 
trict under  whose  direction  it  is  placed,  of  the  transac- 
tions of  the  cutter,  specifying  the  vessels  that  have  been 
boarded,  their  names  and  descriptions,  the  names  of  the 
masters,  from  what  port  or  place  they  last  sailed,  whether 
laden  or  in  ballast,  to  what  nation  belonging,  and  whether 
they  have  the  necessary  manifests  of  their  cargoes  on 
board,  and  generally  all  such  matters  as  it  may  be  neces- 
sary for  the  officers  of  the  customs  to  know. 

r.  s.,  2762.  The  officers  of  Coast  Guard  cutters  shall  perform,  in 

addition  to  the  duties  hereinbefore  prescribed,  such  other 
duties  for  the  collection  and  security  of  the  revenue  as 
from  time  to  time  shall  be  directed  by  the  Secretary  of 
the  Treasury,  not  contrary  to  law. 

471.  Bureau  of  Lighthouses. 

June  17,  ioio.  Hereafter  there  shall  be  in  the  Department  of  Com- 
merce a  bureau  of  light-houses  and  a  commissioner 
of  light-houses,  who  shall  be  the  head  of  said  bureau, 
to  be  appointed  by  the  President,  who  shall  receive 
a  salary  of  five  thousand  dollars  per  annum.  There 
shall  also  be  in  the  bureau  a  deputy  commissioner,  to 
be  appointed  by  the  President,  who  shall  receive  a  sal- 
ary of  four  thousand  dollars  per  annum,  and  a  chief 
clerk,  who  shall  perform  the  duties  of  chief  clerk  and 
such  other  duties  as  may  be  assigned  to  him  by  the  Secre- 
tary of  Commerce  or  by  the  commissioner.  There  shall 
also  be  in  the  bureau  such  inspectors,  clerical  assistants, 
and  other  employees  as  may  from  time  to  time  be  author- 
ized by  Congress,  and  there  shall  also  be  employed  one 


PART  XLVI. — ADMINISTRATIVE  AND  EXECUTIVE   OFFICES.       533 

chief  constructing  engineer  at  a  salary  of  four  thousand 
dollars  per  annum  and  one  superintendent  of  naval  con- 
struction at  a  salary  of  three  thousand  dollars  per  annum, 
both  to  he  appointed  by  the  President.  The  commissioner 
of  light-houses  shall  make  an  annual  report  to  the  Secre- 
tary of  Commerce,  who  shall  transmit  the  same  to  Con- 
gress at  the  beginning  of  each  regular  session  thereof; 
and  such  commissioner,  subject  to  the  approval  of  the 
Secretary  of  Commerce,  is  hereby  authorized  to  consider, 
ascertain,  adjust,  and  determine  all  claims  for  damages, 
where  the  amount  of  the  claim  does  not  exceed  the  sum  of 
five  hundred  dollars,  hereafter  occasioned  by  collisions, 
for  which  collisions  vessels  of  the  Light-House  Service 
shall  be  found  to  be  responsible,  and  report  the  amounts 
so  ascertained  and  determined  to  be  due  the  claimants  to 
Congress  at  each  session  thereof  through  the  Treasury 
Department  for  payment  as  legal  claims  out  of  appro- 
priations that  may  be  made  by  Congress  therefor. 

That  all  employees  of  or  in  the  Light-House  Board  or  Sec  5. 
the  Light-House  Establishment  are  hereby  transferred  to 
the  bureau  of  light-houses,  excepting,  however,  army  and 
navy  officers. 

All  duties  performed  and  all  power  and  authority  now  sec.  6. 
possessed  or  exercised  by  the  Light-House  Board,  under 
any  provision  of  law  not  hereby  repealed,  are  hereby 
transferred  to  and  imposed  and  conferred  upon  and 
vested  in  the  commissioner  of  light-houses,  under  the 
direction  and  control  of  the  Secretary  of  Commerce. 

The  commissioner  of  light-houses  shall,  under  the  di-  Sec.  7. 
rection  and  control  of  the  Secretary  of  Commerce,  have 
charge  and  control  of  the  construction,  maintenance,  re- 
pair, illumination,  inspection,  and  superintendence  of 
light-house  depots,  supply  stations,  light  and  signal  sta- 
tions, light-houses,  light-vessels,  light-house  tenders,  fog 
signals,  submarine  signals,  beacons,  buoys,  day  marks, 
post-lantern  lights,  and  seamarks  and  their  appendages, 
and  generally  of  the  Light-House  Service;  and  the 
charge  and  custody  of  all  the  archives,  books,  documents, 
drawings,  models,  returns,  apparatus,  and  other  things 
appertaining  to  the  Light-House  Establishment. 

All  materials  for  construction,  maintenance,  repair,  and  See.  8. 
operation  shall  be  procured  by  public  contracts,  under 
such  regulations  as  may  from  time  to  time  be  prescribed 


534  NAVIGATION"  LAWS   OF  THE  UNITED   STATES. 

by  the  commissioner,  subject  to  the  approval  of  the  Sec- 
retary of  Commerce,  and  no  contract  shall  be  made 
except  after  public  advertisement  for  proposals  in  such 
form  and  manner  as  to  secure  general  notice  thereof,  and 
the  same  shall  only  be  made  with  the  lowest  and  best 
bidder  therefor,  upon  security  deemed  sufficient  in  the 
judgment  of  the  commissioner  of  light-houses,  but  all 
bids  may  at  any  time  be  rejected  by  the  commissioner: 
Provided,  however,  That  the  commsisioner  of  light- 
houses may  purchase  illuminating  oil,  wicks,  and  chim- 
neys for  lights,  and  ground  tackle  for  light-vessels  and 
buoys,  and  to  an  amount  not  exceeding  five  hundred  dol- 
lars at  any  one  time,  other  materials  and  supplies  when 
immediate  delivery  is  required  by  an  exigency,  by  private 
contract  or  in  the  open  market,  if  he  deems  it  for  the  best 
interests  of  the  service  so  to  do;  but  such  purchases  shall 
be  set  forth  in  the  annual  report  of  the  commissioner  with 
the  reasons  for  purchasing  other  than  upon  bids  after 
public  advertisement. 

Sec-  9-  The  commissioner,  under  the  direction  of  the  Secretary 

of  Commerce,  is  authorized,  whenever  an  appropriation  is 
made  by  Congress  for  a  new  light-house,  the  proper  site 
for  which  does  not  belong  to  the  United  States,  to  pur- 
chase the  necessary  land  for  such  site,  provided  the  pur- 
chase money  be  paid  from  the  amount  appropriated  for 
such  light-house  without  exceeding  the  limit  of  cost,  if 
any,  fixed  in  such  case;  and  the  commissioner  of  light- 
houses is  authorized  to  employ  temporarily  draftsmen  for 
the  preparation  of  plans  for  tenders  and  light-vessels 
which  may  be  authorized  by  Congress,  to  be  paid  from  the 
respective  appropriations  therefor. 

sec.  10.  The  commissioner  of  light-houses,  under  the  direction 

and  control  of  the  Secretary  of  Commerce,  shall,  from 
time  to  time,  prescribe  and  distribute  such  regulations  as 
he  may  deem  proper  for  securing  an  efficient,  uniform, 
and  economic  administration  of  the  Light-House  Service. 

sec.  11.  The  commissioner  of  light-houses,  subject  to  the  ap- 

proval of  the  Secretary  of  Commerce,  as  soon  as  prac- 
ticable, shall  rearrange  the  ocean,  gulf,  and  lake  coasts 
and  the  rivers  of  the  United  States,  Porto  Eico,  and 
the  naval  station  in  Cuba  into  not  exceeding  nineteen 
light-house  districts,  and  a  light-house  inspector  shall 
be  assigned  in  charge  of  each  district.  The  light-house 
inspectors  shall  each  receive  a  salary  of  two  thousand 
four  hundred  dollars  per  annum,  except  the  inspector  of 
the  third  district,  whose  salary  shall  be  three  thousand 
six  hundred  dollars  per  annum.  The  President  may,  for 
a  period  not  exceeding  three  years  from  the  taking  effect 
of  this  section,  assign  army  and  navy  officers  to  act  in  lieu 
of  the  appointment  of  civilian  light-house  inspectors, 
but  such  army  and  navy  officers  shall  not  receive  any 


PART    XLVI. ADMINISTRATIVE   AND   EXECUTIVE    OFFICES.        535 

salary  or  compensation  in  addition  to  the  salary  or  com- 
pensation they  are  entitled  to  as  such  army  or  navy  offi- 
cers: Provided^  That  in  the  districts  which  include  the 
Mississippi  River  and  its  tributaries  the  President  may 
designate  army  engineers  to  perform  the  duties  of  and  act 
as  inspectors.  The  President  may  detail  officers  of  the 
Engineer  Corps  of  the  United  States  Army  for  consulta- 
tion or  to  superintend  the  construction  or  repair  of  any 
aid  to  navigation  authorized  by  Congress. 

No    light-house,   beacon,   public    piers,    or   landmark,  r.  s.,4661. 
shall  be  built  or  erected  on  any  site  until  cession  of  juris- 
diction over  the  same  has  been  made  to  the  United  States. 

A  cession  by  a  State  of  jurisdiction  over  a  place  selected  r.  s.,  4662. 
as  the  site  of  a  light-house,  or  other  structure  or  work  June  17'  19]0- 
of  the  Light-House  Service,  shall  be  deemed  sufficient 
within  the  preceding  section,  notwithstanding  it  contains 
a  reservation  that  process  issued  under  authority  of  such 
State  may  continue  to  be  served  within  such  place.  And 
notwithstanding  any  such  cession  of  jurisdiction  contains 
no  such  reservation,  all  process  may  be  served  and  exe- 
cuted within  the  place  ceded,  in  the  same  manner  as  if  no 
cession  had  been  made. 

Whenever  any  of  the  light-vessels  occupying  positions  r  s.,  4668. 
which  are  adapted  to  the  erection  of  light-houses  upon 
pile-foundations  require  to  be  rebuilt,  or  require  such  ex- 
tensive repairs  as  to  render  the  substitution  of  such  light- 
house advisable  and  practicable,  such  permanent  struc- 
tures may  be  erected  in  place  of  any  such  light- vessels; 
but  the  expense  arising  from  all  such  changes  and  erec- 
tions shall  be  defrayed  from  the  general  annual  appro- 
priations for  repairs,  and  so  forth,  of  light-vessels,  ex- 
cept when  a  special  appropriation  is  made  for  such 
change. 

The  Secretary  of  Commerce  shall  assign  to  any  of  the  r.  s.,  4672. 
collectors  of  the  customs  the  superintendence  of  such  Feb- 14- ino- 
light-houses,  beacons,  light-ships,  and  buoys,  as  he  deems  Sec-4- 
best. 

The  Secretary  of  Commerce  is  authorized  to  regulate  r.  s.,  4673. 
the  salaries  of  the  respective  keepers  of  light-houses  in  Feb.  14.  1903. 
such  manner  as  he  deems  just  and  proper,  but  the  whole  Sec"  4* 
sum  allowed  for  such  salaries  shall  not  exceed  an  average 
of  six  hundred  dollars  to  each  keeper. 

The  Secretary  of  Commerce  may,  upon  the  recommen-  R.  s>  4074. 
dation  of  the  Commissioner  of  Light-Houses,  discontinue  Feb.  14,  1903. 
from  time  to  time  such  lights  as  may  from  any  cause  be-  Sec- 4-  _ 
come  useless  or  unnecessary.    And  he  may,  upon  the  like  g"°c03 ''  L910, 
recommendation,  from  time  to  time  re-establish  any  lights 
which  have  been  thus  discontinued,  whenever  he  believes 
such  re-establishment  to  be  required  by  public  conven- 
ience or  the  necessities  of  trade  or  commerce. 

No   inspector,   light-keeper,   or   other   person   in    any  R.  s.,  4680. 
manner  connected  with  the  light-house  service.  shaU  be  Jl,ue  17>  1910< 


536  NAVIGATION"    LAWS   OP    THE    UNITED    STATES. 

interested,  either  directly  or  indirectly,  in  any  contract 
for  labor,  materials,  or  supplies  for  the  light  house  serv- 
ice, or  in  any  patent,  plan,  or  mode  of  construction  or 
illumination,  or  in  any  article  of  supply  for  the  light- 
house service. 
se?e320, 19°6'  After  the  first  day  of  January,  nineteen  hundred  and 
June  17,  us  10.  seven,  it  shall  be  unlawful  for  any  person,  company,  cor- 
poration, or  municipality  not  under  the  control  of  the 
Commissioner  of  Light-Houses,  to  establish,  erect,  or 
maintain  in  the  navigable  waters  of  the  United  States 
any  light  as  an  aid  to  navigation,  or  any  other  aid  to 
navigation  similar  to  any  of  those  maintained  by  the 
United  States  under  the  control  and  direction  of  the 
Commissioner  of  Light-Houses,  without  first  obtaining 
permission  so  to  do  from  the  Commissioner  of  Light- 
Houses,  in  accordance  with  rules  and  regulations  to  be 
established  by  the  Secretary  of  Commerce ;  and  any  per- 
son violating  the  provisions  of  this  section  or  any  of  the 
rules  and  regulations  established  by  the  Secretary  of 
Commerce  in  accordance  herewith  shall  be  deemed  guilty 
of  a  misdemeanor  and  be  subject  to  a  fine  not  exceeding 
the  sum  of  one  hundred  dollars  for  each  offense,  and  each 
day  during  which  such  violation  shall  continue  shall  be 
considered  as  a  new  offense. 
472.  Treasury  agents. 
r.  s.,  2649.  ^  The  Secretary  of  the  Treasury  may  appoint  one  super- 
Ma!'.  3?'i89iG'  vising  special  agent,  who  shall  receive  in  addition  to  the 
necessary  traveling  expenses  actually  incurred  by  him.  a 
compensation  of  ten  dollars  per  day;  eighteen  special 
agents,  who  shall  each  receive  in  addition  to  the  necessary 
traveling  expenses  actually  incurred  by  him,  a  compensa- 
tion to  be  fixed  by  the  Secretary  of  the  Treasury,  not  to 
exceed  eight  dollars  per  day;  and  nine  special  agents, 
who  shall  each  receive  in  addition  to  the  necessary  travel- 
ing expenses  actually  incurred  by  him,  a  compensation  to 
Feb.  14,  loos,  be  fixed  by  the  Secretary  of  the  Treasury  not  to  exceed 
,ecs.  4,  io.  g-x  dollars  per  ^ay?  for  £]ie  pUrp0se  0f  making  the  exam- 
inations of  the  books,  papers,  and  accounts  of  collectors 
and  other  officers  of  the  customs,  and  to  be  employed  gen- 
erally, under  the  direction  of  the  Secretary,  in  \he  pre- 
vention and  detection  of  frauds  on  the  customs  revenue; 
and  the  expenses  thereof  shall  be  charged  to  the  "  appro- 
priation to  defray  the  expense  of  collecting  the  revenue 
from  customs." 
r.  s.,  2651.  The  Secretary  of  the  Treasury  may,  from  time  to  time, 

,\ug.  is,  1876.  make  such  regulations  not  inconsistent  with  law,  for  the 
government  of  the  special  agents,  as  he  deems  expedient, 
and  may  rescind  or  alter  regulations  so  made.  But  no 
special  agent,  in  addition  to  those  authorized  by  the  two 
preceding  sections  [sec.  2649  as  amended],  shall  be  ap- 
pointed or  employed  upon  any  business  relating  to  the 
customs  revenue;  nor  shall  any  sum  be  paid  to  any  agent 
authorized  to  be  employed  for  mileage  or  any  other  ex- 


PART   XLVI. — ADMINISTRATIVE   AND   EXECUTIVE    OFFICES.        537 

penses  except  such  as  are  actually  incurred  in  the  dis- 
charge of  his  official  duty. 

It  shall  be  the  duty  of  all  officers  of  the  customs  to  exe-  I:  s  •  2652. 
cute  ami  carry  into  effect  all  instructions  of  the  Secretary 
of  the  Treasury  relative  to  the  execution  of  the  revenue 
laws;  and  in  case  any  difficulty  shall  arise  as  to  the  true 
construction  or  meaning  of  any  part  of  the  revenue  laws, 
the  decision  of  the  Secretary  of  the  Treasury  shall  be  con- 
clusive and  binding  upon  all  officers  of  the  customs. 

The  Secretary  of  the  Treasury  is  hereby  authorized,  a.  s.,  2653. 
whenever  he  shall  think  it  advantageous  to  the  public 
service,  to  abolish  or  suspend  the  office  of  naval  officer,  or 
any  other  subordinate  office,  in  any  collection-district  of 
the  United  States,  except  in  Boston,  New  York,  Philadel- 
phia. Baltimore.  Charleston,  Savannah,  Portland  in 
Maine,  and  San  Francisco,  and  to  assign  the  duties  of  the 
office  or  any  other  subordinate  office  so  abolished  or  sus- 
pended to  a  deputy  collector  or  inspector  of  the  customs: 
and  so  much  of  all  fines,  penalties,  and  forfeitures  as 
would  otherwise  inure  to  either  of  such  naval  officers  shall, 
after  the  discontinuance  of  their  offices,  respectively,  be 
paid  into  the  Treasury  of  the  United  States,  and  there 
credited  to  the  fund  for  defraying  the  expenses  of  col- 
lecting the  revenue  from  customs. 
473.   Alaska  seal  agents. 

The  Secretary  of  Commerce  shall  have  authority  to  Apr.  21,  1910 
appoint  such  additional  officers,  agents,  and  employees  Sec" 9' 
as  may  be  necessary  to  carry  out  the  provisions  of  this 
Act  and  the  laws  of  the  United  States  relating  to  the  se;il 
fisheries  of  Alaska,  to  prescribe  their  duties  and  to  fix 
their  compensation;  he  shall  likewise  have  authority  to 
purchase  from  the  present  lessee  of  the  right  to  take 
seals  on  the  islands  of  Saint  Paul  and  Saint  George,  at  a 
fair  valuation  to  be  agreed  upon,  the  warehouses,  salt 
houses,  boats,  launches,  lighters,  horses,  mules,  wagons, 
and  other  property  of  the  said  lessee  on  the  islands  of 
Saint  Paul  and  Saint  George,  including  the  dwellings  of 
the  natives  of  said  islands;  he  shall  likewise  have  author- 
ity to  establish  and  maintain  depots  for  provisions  and 
supplies  on  the  Pribilof  Islands  and  to  provide  for  the 
transportation  of  such  provisions  and  supplies  from  the 
mainland  of  the  United  States  to  the  said  islands  by  the 
charter  of  private  vessels  or  by  the  use  of  public  vessels 
of  the  United  States  which  may  be  placed  at  his  disposal 
by  the  President;  and  he  shall  likewise  have  authority  to 
furnish  food,  shelter,  fuel,  clothing,  and  other  necessaries 
of  life  to  the  native  inhabitants  of  the  Pribilof  Islands 
and  to  provide  for  their  comfort,  maintenance,  education, 
and  protection. 

The  Secretary  of  Commerce  is  authorized  to  appoint  r.  s.,  1373. 
one  agent  and  three  assistant  agents,  who  shall  be  charged  «f?*714' 1903, 
with  the  management  of  the  seal  fisheries  in  Alaska,  and 
the  performance  of  such  other  duties  as  may  be  assigned 
to  them  by  the  Secretary  of  Commerce. 


538  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

r.  s.,  1975.  Such  agents  shall  never  be  interested,  directly  or  indi- 

rectly, in  any  lease  of  the  right  to  take  seals,  nor  in  any 
proceeds  or  profits  thereof,  either  as  owner,  agent,  part- 
ner, or  otherwise. 

r.  s.,  1976.  Such  agents  are  empowered  to  administer  oaths  in  all 

cases  relating  to  the  service  of  the  United  States,  and  to 
take  testimony  in  Alaska  for  the  use  of  the  Government 
in  any  matter  concerning  the  public  revenues. 

r.  s.,  2999.  For  the  purpose  of  better  guarding  against  frauds  upon 

the  revenue  on  foreign  merchandise  transported  between 
the  ports  of  the  Atlantic  and  those  of  the  Pacific  overland 
through  any  foreign  territory,  the  Secretary  of  the  Treas- 
ury may  appoint  special  sworn  agents  as  inspectors  of  the 
customs,  to  reside  in  such  foreign  territory  w'here  such 

Feb  14  190.3  mercn/ma"ise  m»y  be  landed  or  embarked,  w^ith  power  to 

sec' io.'  "  '  superintend  the  landing  or  shipping  of  all  merchandise, 
passing  coastwise  between  the  ports  of  the  United  States 
on  the  Pacific  and  the  Atlantic.  It  shall  be  their  duty, 
under  such  regulations  and  instructions  as  the  Secretary 
of  the  Treasury  may  prescribe,  to  guard  against  the  per-' 
petration  of  frauds  upon  the  revenue.  The  compensation 
paid  to  such  inspectors  shall  not  in  the  aggregate  exceed 
five  thousand  dollars  per  annum. 
474.  Coast  and  Geodetic  Survey. 

r.  s.,  4681.  The  President  is  authorized  to  cause  a  survey  to  be 

taken  of  the  coasts  of  the  United  States,  in  which  shall  be 
designated  the  islands  and  shoals,  with  the  roads  or  places 
of  anchorage,  within  twenty  leagues  of  any  part  of  the 
shores  of  the  United  States;  and  also  the  respective 
courses  and  distances  between  the  principal  capes  or  head- 
lands, together  with  such  other  matters  as  he  may  deem 
proper  for  completing  an  accurate  chart  of  every  part  of 
the  coasts. 

r.  s.,  4682.  The  President  may  also  cause  such  examinations  and 

observations  to  be  made  with  respect  to  Saint  George's 
Bank,  and  to  any  other  bank,  or  shoal,  and  the  soundings 
and  currents,  although  beyond  the  distance  of  twenty 
leagues  from  the  shore  to  the  Gulf  Stream,  as  he  may 
deem  especially  subservient  to  the  commercial  interests  of 
the  United  States. 

r.  s.,  4686.  The  President  is  authorized,  for  any  of  the  purposes  of 

surveying  the  coast  of  the  United  States,  to  cause  to  be 
employed  such  of  the  public  vessels  in  actual  service  as  he 
deems  it  expedient  to  employ,  and  to  give  such  instruc- 
tions for  regulating  their  conduct  as  he  deems  proper, 
according  to  the  tenor  of  this  Title  [E.  S.,  4681-4691] . 


PART   XLVL ADMINISTRATIVE   AND  EXECUTIVE   OFFICES.        539 

Officers  of  the  Army  and  Navy  shall,  as  far  as  practica-  B  s-  4687- 
ble,  be  employed  in  the  work  of  surveying  the  coast  of  the 
United  States,  whenever  and  in  the  manner  required  by 
the  Department  having  charge  thereof. 

The  Secretary  of  Commerce  may  make  such  allowances  a. ».,  4688. 
to  the  officers  and  men  of  the  Army  and  Navy,  while  em-  g®£'414,  1903" 
ployed  on  Coast  Survey  service,  for  subsistence,  in  addi- 
tion to  their  compensation,  as  he  may  deem  necessary,  not 
exceeding  the  sum  authorized  by  the  Treasury  regulation 
of  the  eleventh  day  of  May,  eighteen  hundred  and  forty- 
four. 

The  salary  of  the  Superintendent  of  the  Coast  Survey  R-  8.,  4689. 
shall  be  six  thousand  dollars  a  year. 

The  Coast  Survey  report  shall  be  submitted  to  Congress  II-  s-  469°- 
during  the  month  of  December  in  each  year,  and  shall  be 
accompanied  by  a  general  chart  of  the  whole  coasts  of  the 
United  States,  on  as  large  a  scale  as  convenient  and  prac- 
ticable, showing,  as  near  as  practicable,  the  configuration 
of  the  coasts,  and  showing,  by  lines,  the  probable  limits 
of  the  Gulf  Stream,  and  showing,  by  lines,  the  probable 
limit  to  which  the  soundings  off  the  coast  will  extend, 
and  showing,  by  the  use  of  colors  and  explanations,  the 
exact  portions  of  our  coasts,  of  which  complete  charts 
have  been  published  by  the  Coast  Survey ;  also,  showing 
such  other  parts  of  the  coasts  of  which  the  triangulation, 
the  topography,  and  the  soundings  have  been  completed, 
but  not  published,  and,  also,  such  parts  of  the  coasts  ot 
which  the  triangulation  and  topography,  or  the  triangu- 
lation only,  have  been  completed. 
475.  District  court  commissioners. 

The  terms  of  office  of  all  commissioners  of  the  circuit  May  28, 1896. 
courts  heretofore  appointed  shall  expire  on  the  thirtieth  Spc- 19- 
day  of  June,  eighteen  hundred  and  ninety-seven;  and 
such  office  shall  on  that  day  cease  to  exist,  and  said  com- 
missioners shall  then  deposit  all  the  records  and  other 
official  papers  appertaining  to  their  offices  in  the  office  of 
the  clerk  of  the  circuit  court  by  which  they  were  ap- 
pointed. All  proceedings  pending,  returnable,  unexe- 
cuted, or  unfinished  at  said  date  before  any  such  com- 
missioner shall  be  continued  and  disposed  of  according 
to  law  by  such  commissioner  appointed  as  herein  pro- 
vided, as  may  be  designated  by  the  district  court  for  that 
purpose.  It  shall  be  the  duty  of  the  district  court  of 
each  judicial  district  to  appoint  such  number  of  persons, 
to  be  known  as  United  States  commissioners,  at  such 
places  in  the  district  as  may  be  designated  by  the  district 
court,  which  United  States  commissioners  shall  have  the 
same  powers  and  perform  the  same  duties  as  are  now 
imposed  upon  commissioners  of  the  circuit  courts.  The 
appointment  of  such  United  States  commissioners  shall  be 


540  NAVIGATION    LAWS   OF   THE   UNITED   STATES. 

at  once  given  by  the  clerk  to  the  Attorney-General.  That 
such  United  States  commissioners  shall  hold  their  offices, 
respectively,  for  the  term  of  four  years,  but  they  shall  be 
at  any  time  subject  to  removal  by  the  district  court;  and 
no  person  shall  at  any  time  be  a  clerk  or  deputy  clerk  of 
a  United  States  court  and  a  United  States  commissioner 
without  the  approval  of  the  Attorney-General :  Prodded^ 
That  all  acts  and  parts  of  acts  applicable  to  commission- 
ers of  the  circuit  courts,  except  as  to  appointment  and 
fees,  shall  be  applicable  to  United  States  commissioners 
appointed  under  this  Act.  Warrants  of  arrest  for  viola- 
tions of  internal  revenue  laws  may  be  issued  by  United 
States  commissioners  upon  the  sworn  complaint  of  a 
United  States  district  attorney,  assistant  United  States 
district  attorney,  collector  or  deputy  collector- of  internal 
revenue,  or  revenue  agent  or  private  citizen,  but  no  such 
warrant  of  arrest  shall  be  issued  upon  the  sworn  com- 
plaint of  a  private  citizen  unless  first  approved  in  writ- 
ing by  a  United  States  district  attorney.  That  United 
States  commissioners  and  all  clerks  of  United  States 
courts  are  hereby  authorized  to  administer  oaths. 
476.  Unauthorized  services. 
r.  s.,  3679.  No  Executive  Department  or  other  Government  estab- 

Mar.^s,  1905.  lishment  of  tlie  United  States  shall  expend,  in  any  one 
sec'  I7'  19°6"  fiscal  year,  any  sum  in  excess  of  appropriations  made  by 
Congress  for  that  fiscal  year,  or  involve  the  Government 
in  any  contract  or  other  obligation  for  the  future  pay- 
ment of  money  in  excess  of  such  appropriations  unless 
such  contract  or  obligation  is  authorized  by  law.  Nor 
shall  any  Department  or  any  officer  of  the  Government 
accept  voluntary  service  for  the  Government  or  employ 
personal  service  in  excess  of  that  authorized  by  law, 
except  in  cases  of  sudden  emergency  involving  the  loss 
of  human  life  or  the  destruction  of  property.  All  appro- 
priations made  for  contingent  expenses  or  other  general 
purposes,  except  appropriations  made  in  fulfillment  of 
contract  obligations  expressly  authorized  by  law,  or  for 
objects  required  or  authorized  by  law  without  reference 
to  the  amounts  annually  appropriated  therefor,  shall,  on 
or  before  the  beginning  of  each  fiscal  year,  be  so  appor- 
tioned by  monthly  or  other  allotments  as  to  prevent  ex- 
penditures in  one  portion  of  the  year  which  may  necessi- 
tate deficiency  or  additional  appropriations  to  complete 
the  service  of  the  fiscal  year  for  which  said  appropria- 
tions are  made ;  and  all  such  apportionments  shall  be  ad- 
hered to  and  shall  not  be  waived  or  modified  except  upon 
the  happening  of  some  extraordinary  emergency  or  un- 
usual circumstance  which  could  not  be  anticipated  at  the 
time  of  making  such  apportionment,  but  this  provision 
shall  not  apply  to  the  contingent  appropriations  of  the 
Senate  or  House  of  Representatives ;  and  in  case  said  ap- 
portionments are  waived  or  modified  as  herein  provided, 


Sec.  18. 


PART   XLVI. — ADMINISTRATIVE   AND  EXECUTIVE  OFFICES.       541 

the  same  shall  be  waived  or  modified  in  writing  by  the 
head  of  such  Executive  Department  or  other  Government 

establishment  having  control  of  the  expenditure,  and  the 
reasons  therefor  shall  be  fully  set  forth  in  each  particular 
case  and  communicated  to  Congress  in  conned  ion  with 
estimates  for  any  additional  appropriations  required  on 
account  thereof.  Any  person  violating  any  provision  of 
this  section  shall  be  summarily  removed  from  office  and 
may  also  be  punished  by  a  fine  of  not  less  than  one  hun- 
dred dollars  or  by  imprisonment  for  not  less  than  one 
month. 

476  (a).   Waterways  Commission. 

That  a  commission,  to  be  known  as  the  Waterways  Aug.  8,  1917. 
Commission,  consisting  of  seven  members  to  be  appointed 
by  the  President  of  the  United  States,  at  least  one  of 
whom  shall  be  chosen  from  the  active  or  retired  list  of 
the  Engineers  Corps  of  the  Army,  at  least  one  of  whom 
shall  be  an  expert  hydraulic  engineer  from  civil  life, 
and  the  remaining  five  of  whom  may  each  be  selected 
either  from  civil  life  or  the  public  service,  is  hereby 
created  and  authorized,  under  such  rules  and  regula- 
tions as  the  President  may  prescribe,  and  subject  to  the 
approval  of  the  heads  of  the  several  executive  depart- 
ments concerned,  to  bring  into  coordination  and  coopera- 
tion the  engineering,  scientific,  and  constructive  services, 
bureaus,  boards,  and  commissions  of  the  several  govern- 
mental departments  of  the  United  States  and  commis- 
sions created  by  Congress  that  relate  to  study,  develop- 
ment, or  control  of  waterways  and  wTater  resources  and 
subjects  related  thereto,  or  to  the  development  and  regu- 
lation of  interstate  and  foreign  commerce,  with  a  view 
to  uniting  such  services  in  investigating,  with  respect  to 
all  watersheds  in  the  United  States,  questions  relating 
to  the  development,  improvement,  regulation,  and  con- 
trol of  navigation  as  a  part  of  interstate  and  foreign 
commerce,  including  therein  the  related  questions  of 
irrigation,  drainage,  forestry,  arid  and  swamp  land  rec- 
lamation, clarification  of  streams,  regulation  of  flow, 
control  of  floods,  utilization  of  water  power,  prevention 
of  soil  erosion  and  waste,  storage,  and  conservation  of 
water  for  agricultural,  industrial,  municipal,  and  domes- 
tic uses,  cooperation  of  railways  and  waterways,  and 
promotion  of  terminal  and  transfer  facilities,  to  secure 
the  necessary  data,  and  to  formulate  and  report  to 
Congress,  as  early  as  practicable,  a  comprehensive  plan 
or  plans  for  the  development  of  waterways  and  the  water 
resources  of  the  United  States  for  the  purposes  of  navi- 
gation and  for  every  useful  purpose,  and  recommenda- 
tions for  the  modification  or  discontinuance  of  any  proj- 
ect herein  or  heretofore  adopted.  Any  member  appointed 
from  the  retired  list  shall  receive  'the  same  pay  and 
allowances  as  he  would  if  on  the  active  list,  and  no  mem- 


542  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

ber  selected  from  the  public  service  shall  receive  addi- 
tional compensation  for  services  on  said  commission,  and 
members  selected  from  civil  life  shall  receive  compen- 
sation of  $7,500  per  annum. 

In  all  matters  done,  or  to  be  done,  under  this  section  re- 
lating .to  any  of  the  subjects,  investigations,  or  questions 
to  be  considered  hereunder,  and  in  formulating  plans, 
and  in  the  preparation  of  a  report  or  reports,  as  herein 
provided,  consideration  shall  be  given  to  all  matters 
which  are  to  be  undertaken,  either  independently  by  the 
United  States  or  by  cooperation  between  the  United 
States  and  the  several  States,  political  subdivisions  there- 
of, municipalities,  communities,  corporations,  and  indi- 
viduals within  the  jurisdiction,  powers,  and  rights  of 
each,  respectively,  and  with  a  view  to  assigning  to  the 
United  States  such  portion  of  such  development,  promo- 
tion, regulation,  and  control  as  may  be  undertaken  by  the 
United  States,  and  to  the  States,  political  subdivisions 
thereof,  municipalities,  communities,  corporations,  and 
individuals  such  portions  as  belong  to  their  respective 
jurisdictions,  rights,  and  interests. 

The  commission  is  authorized  to  employ,  or  retain,  and 
fix  the  compensation  for  the  services  of  such  engineers, 
transportation  experts,  experts  in  water  development  and 
utilization,  and  constructors  of  eminence  as  it  may  deem 
necessary  to  make  such  investigations  and  to  carry  out  the 
purposes  of  this  section.  And  in  order  to  defray  the  ex- 
penses made  necessary  by  the  provisions  of  this  section 
there  is  hereby  authorized  to  be  appropriated  such  sums 
as  Congress  may  hereafter  determine,  and  the  sum  of 
$100,000  is  hereby  appropriated,  available  until  expended, 
to  be  paid  out  upon  warrants  drawn  on  the  Secretary  of 
the  Treasury  by  the  chairman  of  said  commission. 

The  commission  shall  have  power  to  make  every  ex- 
penditure requisite  for  and  incident  to  its  authorized 
work,  and  to  employ  in  the  District  of  Columbia  and  in 
the  field  such  clerical,  legal,  engineering,  artistic,  and 
expert  services  as  it  may  deem  advisable,  including  the 
payment  of  per  diem  in  lieu  of  subsistence  for  employees 
engaged  in  field  work  or  traveling  on  official  business, 
rent  of  offices  in  the  District  of  Columbia  and  in  the  field 
and  the  purchase  of  books,  maps,  and  office  equipment. 

476  (b).  Bureau  of  War  Risk  Insurance. 
June  12, 1917.  The  first  section  of  the  Act  entitled  "An  Act  to  author- 
ize the  establishment  of  a  Bureau  of  War  Risk  Insurance 
in  the  Treasury  Department,"  approved  September  sec- 
ond, nineteen  hundred  and  fourteen,  is  hereby  amended 
to  read  as  follows: 

"  That  there  is  established  in  the  Treasury  Department 
a  bureau  to  be  known  as  the  Bureau  of  War  Risk  Insur- 
ance, the  director  of  which  shall  be  entitled  to  a  salary 
at  the  rate  of  $5,000  per  annum." 


PART  XLVI. — ADMINISTRATIVE  AND  EXECUTIVE  OFFICES.   543 

Section  two  of  such  Act  is  hereby  amended  to  read  as    Scc-  2- 
follows : 

"  Sec.  2.  That  the  said  Bureau  of  War  Risk  Insurance, 
subject  to  the  general  direction  of  the  Secretary  of  the 
Treasury,  shall,  as  soon  as  practicable,  make  provisions 
for  the  insurance  by  the  United  States  of  American  ves- 
sels, their  freight  and  passage  moneys,  cargoes  shipped 
or  to  be  shipped  therein,  and  personal  effects  of  the  mas- 
ters, officers,  and  crews  thereof  against  loss  or  damage  by 
the  risks  of  war,  whenever  it  shall  appear  to  the  Secre- 
tary that  American  vessels,  shippers  or  importers  in 
American  vessels,  or  the  masters,  officers,  or  crews  of  such 
vessels,  are  unable  in  any  trade  to  secure  adequate  war- 
risk  insurance  on  reasonable  terms. 

"  The  Bureau  of  War  Risk  Insurance,  subject  to  the 
general  direction  of  the  Secretary  of  the  Treasury,  shall, 
as  soon  as  practicable,  make  provisions  for  the  insurance 
by  the  United  States,  as  further  provided  in  section  three 
a,  of  masters,  officers,  and  crews  of  American  merchant 
vessels  against  loss  of  life  or  personal  injury  by  the  risks 
of  war,  and  for  compensation  during  detention  follow- 
ing capture  by  enemies  of  the  United  States  whenever  it 
shall  appear  to  the  Secretary  that  in  any  trade  the  need 
for  such  insurance  exists." 

There  is  hereby  added  to  such  Act  a  new  section,  to    Sec.  a. 
be  known  as  section  two  a,  to  read  as  follows : 

"  Sec.  2a.  That  the  Bureau  of  War  Risk  Insurance,  with 
the  approval  of  the  Secretary  of  the  Treasury,  is  hereby 
authorized  to  make  provisions  for  the  reinsurance  by  the 
United  States  of  vessels  of  foreign  friendly  flags  or  their 
cargoes,  or  both,  when  such  vessels  or  their  cargoes  are 
insured  by  the  Government  of  any  country  which  is  at 
war  with  an  enemy  of  the  United  States :  and,  further, 
to  reinsure  with  the  Governments  of  any  countries  which 
are  at  war  with  an  enemy  of  the  United  States  American 
vessels  and  their  cargoes." 

Section  three  of  such  Act  is  hereby  amended  to  read  as    Sec.  4. 
follows : 

"  Sec.  3.  That  the  Bureau  of  War  Risk  Insurance,  with 
the  approval  of  the  Secretary  of  the  Treasury,  is  hereby 
authorized  to  adopt  and  publish  forms  of  war-risk  poli- 
cies and  to  fix  reasonable  rates  of  premium  for  the  poli- 
cies which  it  is  authorized  to  issue  under  this  Act,  which 
rates  shall  be  subject  to  such  change  to  each  port  and  for 
each  class  as  the  Secretary  shall  find  may  be  required  by 
the  circumstances.  All  proceeds  of  the  aforesaid  pre- 
mium and  from  salvage  which  have  been  or  are  hereafter 
received  shall  be  covered  into  the  Treasury  of  the  United 
States  to  the  credit  of  the  Bureau  of  War  Risk  Insurance, 
and  in  addition  to  all  other  appropriations  made  under 
this  Act  are  hereby  permanently  appropriated  for  the 
purpose  of  paying  losses  and  return  premiums  accruing 
under  this  x\ct." 


544  NAVIGATION  LAWS   OF  THE  UNITED  STATES. 

Sec-  5-  There  is  hereby  added  to  such  Act  a  new  section,  to  be 

known  as  section  three  a,  to  read  as  follows : 

"  Sec.  3a.  That  whenever  it  shall  appear  to  the  Secre- 
tary of  the  Treasury  that  the  effecting  of  such  insurance 
is  desirable  in  the  national  interest  in  the  case  of  vessels 
engaged  in  any  trade,  the  owner  of  every  American  mer- 
chant vessel  engaged  in  such  trade  shall  insure  the  mas- 
ter, officers,  and  crew  of  such  vessel  against  loss  of  life 
or  personal  injury  from  war  risks  as  well  as  for  compen- 
sation during  detention  by  an  enemy  of  the  United  States 
following  capture. 

"  Such  insurance  shall  be  effected  either  with  the  Bu- 
reau of  War  Risk  Insurance  or  in  insurance  companies, 
and  on  terms  satisfactory  to  the  Secretary  of  the  Treas- 
ury. 

"  Such  insurance  shall  provide,  and  the  Bureau  of  War 
Risk  Insurance  is  authorized  to  write  policies  so  pro- 
viding— 

"(a)  In  case  of  death,  permanent  disability  which  pre- 
vents the  person  injured  from  performing  any  and  every 
kind  of  duty  pertaining  to  his  occupation,  or  the  loss  of 
both  hands,  both  arms,  both  feet,  both  legs,  or  both  eyes, 
or  any  two  thereof,  for  the  payment  of  an  amount  equiva- 
lent to  one  year's  earnings,  or  to  twelve  times  the  monthly 
earnings  of  the  insured,  as  fixed  in  the  articles  for  the 
voyage  (hereinafter  referred  to  as  the  principal  sum), 
but  in  no  case  shall  such  amount  be  more  than  $5,000  or 
less  than  $1,500; 

"(b)  In  case  of  any  of  the  following  losses,  for  the 
payment  of  the  percentage  of  the  principal  sum  indicated 
in  the  following  tables : 

"  One  hand,  fifty  per  centum ; 

"  One  arm,  sixty-five  per  centum ; 

"  One  foot,  fifty  per  centum ; 

"  One  leg,  sixty-five  per  centum ; 

"  One  eye,  forty-five  per  centum ; 

"  Total  destruction  of  hearing,  fifty  per  centum ; 

"  That  the  Bureau  of  War  Risk  Insurance  may  include 
in  its  policy  undertakings  to  pay  specified  percentages  of 
the  principal  sum  for  other  losses  or  disabilities ;  and 

"(c)  In  case  of  detention  by  an  enemy  of  the  United 
States,  following  capture,  for  the  payment  during  the 
continuance  of  such  detention  of  compensation  at  the 
same  rate  as  the  earnings  of  the  insured  immediately 
preceding  such  detention,  to  be  determined  in  substan- 
tially the  same  manner  as  provided  in  subdivision  (a)  of 
this  section. 

"  The  aggregate  payments  under  this  section  in  re- 
spect to  any  one  person  shall  not  exceed  the  amount  of 
the  principal  sum. 

"  Payments  provided  for  in  this  section  shall  be  made 
only  to  the  master,  officer,  or  member  of  the  crew  con- 
cerned, except  that  a  payment  for  loss  of  life  shall  be 
made  to  the  estate  of  the  insured  for  distribution  to  his 


PART   XLVI. — ADMINISTRATIVE  AND   EXECUTIVE  OFFICES.       545 

family  free  from  liability  of  debt,  and  payment  on  ac- 
count of  detention  by  an  enemy  following  capture  shall 
be  made  to  dependents  of  the  person  detained,  if  desig- 
nated by  him. 

"  No  claim  under  this  section  shall  be  valid  unless  made 
by  the  master,  officer,  or  member  of  the  crew  concerned, 
or  his  estate,  or  a  person  designated  under  this  section, 
within  two  years  after  the  date  on  which  the  President 
suspends  the  operations  of  this  Act  in  so  far  as  it  au- 
thorizes insurance  by  the  United  States." 

There  is  hereby  added  to  such  Act  a  new  section  to  be    sec.  e. 
known  as  section  three  b,  to  read  as  follows : 

"  Sec.  3b.  That  in  the  event  of  failure  of  the  owner  of 
any  vessel  to  effect  insurance  of  the  master,  officers,  and 
crew  of  such  vessel  prior  to  sailing,  in  accordance  with 
section  three  a  of  this  Act,  the  Secretary  of  the  Treasury 
is  hereby  authorized  to  effect  such  insurance  with  the 
Bureau  of  Wark  Risk  Insurance  at  the  expense  of  the 
owner  of  such  vessel,  and  the  latter  shall  be  liable  for 
such  expense  and,  in  addition,  to  a  penalty  of  not  exceed- 
ing $1,000.  The  amount  of  such  premium,  with  interest 
and  of  the  penalty  and  of  all  costs,  shall  be  a  lien  on  the 
vessel." 

Section  5  of  such  Act  is  hereby  amended  to  read  as    sec.  7. 
follows : 

"  Sec.  5.  That  the  Secretary  of  the  Treasury  is  author- 
ized to  establish  an  advisory  board,  to  consist  of  three 
members  skilled  in  the  practices  of  war-risk  insurance, 
for  the  purpose  of  assisting  the  Bureau  of  War  Risk 
Insurance  in  fixing  rates  of  premium  and  in  adjustment 
of  claims  for  losses,  and  generally  in  carrying  out  the 
purposes  of  this  Act :  the  compensation  of  the  members  of 
said  board  to  be  determined  by  the  Secretary  of  the 
Treasury,  but  not  to  exceed  $20 'a  day  each,  while  actu- 
ally employed.  He  is  likewise  authorized  to  appoint  two 
persons  skilled  in  the  practices  of  accident  insurance  for 
the  purpose  of  assisting  the  Bureau  of  War  Risk  Insur- 
ance in  the  adjustment  of  claims  for  death,  personal  in- 
jury, or  detention;  the  compensation  of  the  persons  so 
appointed  to  be  determined  by  the  Secretary  of  the  Treas- 
ury, but  not  to  exceed  $20  a  day  each,  while  actually  em- 
ployed. In  the  event  of  disagreement  as  to  the  claim 
for  losses,  or  amount  thereof,  between  the  said  bureau 
and  the  parties  to  such  contract  of  insurance,  an  action 
on  the  claim  may  be  brought  against  the  United  States 
in  the  district  court  of  the  United  States,  sitting  in  ad- 
miralty, in  the  district  in  which  the  claimant  or  his  agent 
may  reside." 

There  is  hereby  added  to  such  Act  a  new  section  to  be    sec.  8. 
known  as  section  five  a,  to  read  as  follows : 

"  Sec.  5a.  No  claim  agent  or  attorney  shall  be  entitled 
to  receive  any  compensation  whatever  for  services  in  the 
143562°— 19—35 


046  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

collection  of  claims  against  the  Bureau  of  War  Risk  In- 
surance for  death,  personal  injury,  or  detention,  except 
when  proceedings  are  taken  in  accordance  with  section 
five  in  a  district  court  of  the  United  States,  in  which 
case  the  judge  shall,  as  a  part  of  his  determination  and 
order,  settle  and  determine  the  amount  of  compensation 
not  to  exceed  ten  per  centum  of  amount  recovered,  to  be 
paid  by  the  claimant  on  behalf  of  whom  such  proceed- 
ings are  instituted  to  his  legal  adviser  or  advisers,  and  it 
shall  be  unlawful  for  any  lawyer  or  other  person  acting 
in  that  behalf  to  ask  for,  contract  for,  or  receive  any 
larger  sum  than  the  amount  so  fixed." 

Sec-  »■  Section  seven  of  such  Act  is  hereby  amended  to  read  as 

follows : 

"  Sec.  7.  That  for  the  purpose  of  paying  losses  and  re- 
turn premiums  accruing  under  the  provisions  of  this  Act 
there  is  hereby  appropriated  out  of  any  money  in  the 
Treasury  of  the  United  States  not  otherwise  appropri- 
ated, the  sum  of  $50,000,000." 

sec.  10.  Section  eight  of  such  Act  is  hereby  amended  to  read  as 

follows : 

"Sec.  8.  That  there  is  hereby  appropriated,  for  the 
purpose  of  defraying  the  expenses  of  the  establishment 
and  maintenance  of  the  Bureau  of  War  Risk  Insurance, 
including  the  payment  of  salaries  herein  authorized  and 
other  personal  services,  and  for  the  purchase  of  necessary 
books  of  reference,  periodicals,  etc.,  that  may  be  paid  for 
in  advance  out  of  any  money  in  the  Treasury  of  the 
United  States  not  otherwise  appropriated,  the  sum  of 
$250,000." 

sec.  ii.  Section  nine  of  such  Act  is  hereby  amended  to  read  as 

follows : 

"  Sec  9.  That  the  President  is  authorized  whenever  in 
his  judgment  the  necessity  of  further  war  insurance  by 
the  United  States  shall  have  ceased  to  exist  to  suspend 
the  operation  of  the  Act,  in  so  far  as  it  authorizes  insur- 
ance by  the  United  States  against  loss  or  damage  by 
risks  of  war,  which  suspension  shall  be  made,  in  any 
event,  within  four  years  after  the  passage  of  this  Act, 
but  shall  not  aifect  any  insurance  outstanding  at  the  time 
or  any  claims  pending  adjustment.  For  the  purpose  of 
the  final  adjustment  of  any  such  outstanding  insurance 
or  claims,  the  Bureau  of  War  Risk  Insurance  may,  m 
the  discretion  of  the  President,  be  continued  in  existence 
a  further  period  not  exceeding  three  years." 
sec.  12.  The  Act  eTltitlecl  "  An  Act  to  amend  an  Act  entitled 

'  An  Act  to  authorize  the  establishment  of  a  Bureau  of 
War  Risk  Insurance  in  the  Treasury  Department,'  ap- 
proved September  second,  nineteen  hundred  and  four- 
teen," approved  August  eleventh,  nineteen  hundred  and 
sixteen,  and  the  Act  entitled  "  An  Act  to  amend  an  Act 
entitled  '  An  Act  to  authorize  the  establishment  of  a  Bu- 
reau of  War  Risk  Insurance  in  the  Treasury  Depart- 


PART   XLVI. — ADMINISTRATIVE   AND  EXECUTIVE  OFFICES.       547 

merit,'  approved  September  second,  nineteen  hundred  and 
fourteen,"  approved  March  third,  nineteen  hundred  and 
seventeen,  are  hereby  repealed. 

The  war-risk  insurance  Act  is  hereby  amended  by  add-    July  n'  1918- 
ing  to  such  Act  a  new  section,  to  be  known  as  section  two 
b,  to  read  as  follows: 

"  Six.  2b.  That  when  it  appears  to  the  Secretary  of  the 
Treasury  that  vessels  of  foreign  friendly  flags,  or  their 
masters,  officers,  or  crews,  or  shippers  or  importers  in 
such  vessels,  are  unable  in  any  trade  to  secure  adequate 
war-risk  insurance  on  reasonable  terms,  the  Bureau  of 
War  Risk  Insurance,  with  the  approval  of  the  Secretary, 
is  hereby  authorized  to  make  provisions  for  the  insur- 
ance by  the  United  States  of  (1)  such  vessels  of  foreign 
friendly  flags,  their  freight  and  passage  moneys,  and 
personal  effects  of  the  masters,  officers,  and  crews  thereof 
against  the  risks  of  war  when  such  vessels  are  chartered 
or  operated  by  the  United  States  Shipping  Board  or  it's 
agent,  or  chartered  by  any  person  a  citizen  of  the  United 
States,  and  (2)  the  cargoes  to  be  shipped  in  such  vessels 
of  foreign  friendly  flags,  whether  or  not  they  are  so 
chartered.  Such  insurance  on  the  vessel,  however,  is 
authorized  only  when  the  United  States  Shipping  Board 
or  its  agent  operates  the  vessel  or  the  charterers  are,  by 
the  terms  of  the  charter  party  or  contract  with  the  vessel 
owners,  required  to  assume  the  war  risk  or  provide  insur- 
ance protecting  the  vessel  owners  against  war  risk  during 
the  term  of  the  charter  or  hire  of  the  vessel. 

"  The  Bureau  of  War  Risk  Insurance,  with  the  ap- 
proval of  the  Secretary  of  the  Treasury,  is  also  hereby 
authorized  to  insure  the  masters,  officers,  and  crews  of 
vessels  operated  or  chartered  as  aforesaid  against  the  loss 
of  life  or  personal  injury  by  the  risk  of  war  and  for  com- 
pensation during  the  detention  following  capture  by 
enemies  of  the  United  States,  whenever  it  appears  to  the 
Secretary  that  the  owners,  operators,  or  charterers  of 
such  vessels  are  unable,  in,  any  trade,  to  secure  such  insur- 
ance on  reasonable  terms." 

Sec.  2.  That  section  five  of  the  war-risk  insurance  Act 
is  hereby  amended  to  read  as  follows : 

"  Sec.  5.  That  the  Secretary  of  the  Treasury  is  author- 
ized to  establish  an  advisory  board,  to  consist  of  three 
members  skilled  in  the  practices  of  war-risk  insurance, 
for  the  purpose  of  assisting  the  Bureau  of  War  Risk 
Insurance  in  fixing  rates  of  premium  and  in  adjustment 
of  claims  for  losses,  and  generally  in  carrying  out  the 
purposes  of  this  Act;  the  compensation  of  the  members 
of  said  board  to  be  determined  by  the  Secretary  of  the 
Treasury,  but  not  to  exceed  $20  a  day  each  while  actually 
employed.  He  is  likewise  authorized  to  appoint  two  per- 
sons skilled  in  the  practice  of  accident  insurance  for 
the  purpose  of  assisting  the  Bureau  of  War  Risk  Insur- 
ance in  the  adjustment  of  claims  for  death,  personal  in- 
jury, or  detention:  the  compensation  of  persons  so  ap- 
pointed to  be  determined  by  the  Secretary  of  the  Treas- 


548  NAVIGATION   LAWS   OF   THE   UNITED  STATES. 

ury,  but  not  to  exceed  $20  a  day  each  while  actually  em- 
ployed. In  the  event  of  disagreement  as  to  the  claim  for 
losses,  or  amount  thereof,  between  the  said  bureau  and 
the  parties  to  such  contract  of  insurance,  an  action  on  the 
claim  may  be  brought  against  the  United  States  in  the 
district  court  of  the  United  States,  sitting  in  admiralty, 
in  the  district  in  which  the  claimant  or  his  agents  may 
reside.  The  Secretary  of  the  Treasury  is,  in  his  judg- 
ment, authorized  to  compromise  the  claim  either  before 
or  after  the  institution  of  an  action  therein." 

Sec.  3.  That  section  nine  of  the  war-risk  insurance  Act 
is  hereby  amended  to  read  as  follows : 

"  Sec.  9.  That  the  President  is  authorized  whenever  in 
his  judgment  the  necessity  of  further  war  insurance  by 
the  United  States  shall  have  ceased  to  exist  to  suspend 
the  operation  of  this  Act,  in  so  far  as  the  Division  of 
Marine  and  Seamen's  Insurance  is  concerned,  which  sus- 
pension shall  be  made  in  any  event  within  six  months 
after  the  end  of  the  war,  but  shall  not  affect  any  insur- 
ance outstanding  at  the  time  or  any  claims  pending  ad- 
justment. For  the  purpose  of  the  final  adjustment  of 
any  such  outstanding  insurance  or  claims,  the  Division 
of  Marine  and  Seamen's  Insurance  may,  in  the  discre- 
tion of  the  President,  be  continued  in  existence  for  a 
period  not  exceeding  three  years  after  such  suspension. 

"  The  words  '  end  of  the  war '  as  used  herein  shall  be 
deemed  to  mean  the  date  of  proclamation  of  exchange 
of  ratification  of  the  treaty  of  peace,  unless  the  President 
shall,  by  proclamation,  declare  a  prior  date,  in  which  case 
the  date  so  proclaimed  shall  be  deemed  to  be  the  '  end  of 
the  war '  within  the  meaning  of  this  Act." 


Part  XLVIL— FEES  PAYABLE  BY  PRIVATE  PERSONS. 


477.   Fees  on  vessels  payable  by  private  persons. 

[Note. — By  section  1  of  the  act  of  June  10,  1886,  and  section  22  of  the  act  of  June  10, 
1890,  the  system  of  compensating  officers  of  the  Government  enforcing  the  navigation  laws 
was  materially  changed.  Nearly  all  the  fees  previously  collected  by  them  from  masters 
and  owners  of  vessels  of  the  United  States  for  services  rendered  were  abolished,  and  pay- 
ment made  directly  from  the  Treasury  on  the  basis  of  the  former  fees.  For  this  reason, 
wherever  practicable  in  the  text  of  this  compilation,  provisions  requiring  the  payment  of 
fees  have  been  omitted  as  no  longer  in  force  between  the  master  or  owner  of  a  vessel  of 
the  United  States  and  the  Government,  but  in  force  only  as  determining  the  compensation, 
in  some  instances,  paid  by  the  Government  to  its  employees. 

Following  are  the  sections  of  law  above  referred  to,  with  a  schedule  of  the  fees  which 
still  remain  payable  by  the  owner,  master,  or  agent  of  a  vessel  of  the  United  States  at 
ports  on  the  seaboard  and  western  rivers,  and  also  at  ports  on  the  Great  Lakes  and  north- 
ern, northeastern,  and  northwestern  frontiers.] 

There  shall  be  one  collector  of  customs  for  each  of  the  derExe^ J™  °J 
customs  collection  districts  above  established  [for  list  of  1913. 
customs  collection  districts  see  par.  478,  p.  554],  who 
shall  receive  the  compensation  hereafter  set  forth,  which 
shall  constitute  all  the  compensation  and  emoluments  to 
be  received  by  him  and  which  shall  be  in  lieu  of  all  fees, 
commissions,  salaries,  or  other  emoluments  of  any  name 
or  nature  (including  the  right  to  charge  for  blank  mani- 
fests and  clearances  under  the  provisions  of  section  2648 
of  the  Revised  Statutes)  heretofore  received  by  or  allowed 
to  him.  *  *  *  All  moneys  collected  or  received  by 
such  collectors  of  customs  in  their  official  capacities, 
whether  as  fees,  storage,  commissions,  or  from  the  sale 
of  blank  forms  or  otherwise,  shall  be  covered  into  the 
Treasury. 

On  and  after  July  first,  eighteen  hundred  and  eighty-  June  19« 1886- 
six,  no  fees  shall  be  charged  or  collected  by  collectors  or 
other  officers  of  customs,  or  by  inspectors  of  steam- vessels 
or  shipping  commissioners,  for  the  following  services  to 
vessels  of  the  United  States,  to  wit :  Measurement  of  ton- 
nage and  certifying  the  same;  issuing  of  license  or  grant- 
ing of  certificate  of  registry,  record,  or  enrollment,  in- 
cluding all  indorsements  on  the  same  and  bond  and  oath ; 
indorsement  of  change  of  master;  certifying  and  receiv- 
ing manifest,  including  master's  oath  and  permit ;  grant- 
ing permit  to  vessels  licensed  for  the  fisheries  to  touch 
and  trade;  granting  certificate  of  payment  of  tonnage 
dues;  recording  bill  of  sale,  mortgage,  hypothecation,  or 
conveyance,  or  the  discharge  of  such  mortgage  or  hy- 
pothecation ;  furnishing  certificate  of  title ;  furnishing  the 
crew  list,  certificate  of  protection  to  seamen;  bill  of 
health;  snipping  or  discharging  of  seamen,  as  provided 
by  title  fifty-three  of  the  Revised  Statutes  JR.  S.,  4501- 
4612]  and  section  two  of  this  act;  apprenticing  boys  to 

549 


Feb.   14,  1903 
Sec.   10. 


June  25,  1910. 


550  NAVIGATION   LAWS   OF   THE   UNITED  STATES. 

the  merchant  service ;  inspecting,  examining,  and  licens- 
ing steam-vessels,  including  inspection  certificate  and 
copies  thereof;  and  licensing  of  master,  engineer,  pilot, 
or  mate  of  a  vessel ;  and  all  provisions  of  laws  authorizing 
or  requiring  the  collection  of  fees  for  such  services  are 
repealed,  such  repeal  to  take  effect  July  first,  eighteen 
hundred  and  eighty-six.  Collectors  or  other  officers  of 
customs,  inspectors  of  steam- vessels,  and  shipping  com- 
missioners who  are  paid  wholly  or  partly  by  fees  shall 
make  a  detailed  report  of  such  services,  and  the  fees  pro- 
vided by  law,  to  the  Secretary  of  Commerce,  under  such 
regulations  as  that  officer  may  prescribe ;  and  the  Secre- 
tary of  the  Treasury  [or  the  Secretary  of  Commerce] 
shall  allow  and  pay,  from  any  money  in  the  Treasury 
not  otherwise  appropriated,  said  officers  such  compensa- 
tion for  said  services  as  each  would  have  received  prior 
to  the  passage  of  this  act;  also  such  compensation  to 
clerks  of  shipping  commissioners  as  would  have  been 
paid  them  had  this  act  not  passed :  Provided,  That  such 
services  have,  in  the  opinion  of  the  Secretary  of  Com- 
merce, been  necessarily  rendered. 

So  much  of  the  Act  approved  June  nineteenth,  eighteen 
hundred  and  eighty-six  (Statutes  at  Large,  volume 
twenty-four,  page  seventy-nine),  as  makes  a  permanent 
indefinite  appropriation  to  pay  compensation  to  shipping 
commissioners  and  the  clerks  of  the  shipping  commis- 
sioners for  services  under  said  Act  is  hereby  repealed,  to 
take  effect  from  and  after  June  thirtieth,  nineteen  hun- 
dred and  eleven;  and  the  Secretary  of  Commerce  shall, 
for  the  fiscal  year  nineteen  hundred  and  twelve,  and 
annually  thereafter,  submit  to  Congress  in  the  regular 
Book  of  Estimates  detailed  estimates  for  compensation 
of  such  commissioners  and  clerks. 
Mar.  i,  1919.  Shipping  Service:  For  shipping  commissioners  in 
amounts  not  exceeding  the  following:  Baltimore,  $1,200; 
Bath,  Maine,  $1,000;  Boston,  $3,000;  Galveston,  Texas, 
$1,500;  New  Bedford,  $1,200;  New  Orleans,  $1,500;  New 
York,  $5,000 ;  Norfolk,  $1,500;  Philadelphia,  $2,100;  Port- 
land, Maine,  $1,300;  Seattle,  $3,500;  Providence,  $1,800; 
Eockland,  $1,200;  San  Francisco,  $4,000;  in  all,  $30,100. 

All  fees  exacted  and  oaths  administered  by  officers  of 
the  customs,  except  as  provided  in  this  act,  under  or  by 
virtue  of  existing  laws  of  the  United  States,  upon  the  en- 
try of  imported  goods  and  the  passing  thereof  through 
the  customs,  and  also  upon  all  entries  of  domestic  goods, 
wares,  and  merchandise  for  exportation,  are  hereby  abol- 
ished :  *  *  *  Provided,  That  where  such  fees,  under 
existing  laws,  constitute,  in  whole  or  in  part,  the  compen- 
sation of  any  officer,  such  officer  shall  receive,  from  and 
after  the  passage  of  this  act,  a  fixed  sum  for  each  year 
equal  to  the  amount  which  he  would  have  been  entitled  to 
receive  as  fees  for  such  services  during  said  year. 


June  10,  1890 
Sec.  22. 


PART   XLY1T. — PEES    PAYABLE   BY   PRIVATE   PERSONS.  551 

PORTS  ON  ATLANTIC,  PACIFIC,  AND  GULF  COASTS  AND  WESTERN 

RIVERS. 

F<»r  Inspector's  certificate  to  cancel   bond,  etc $0.20 

Granting  permit  to  a  vessel  not  belonging  to  a  citizen  of  the  United  States 

to  go  from  district  to  district,  and  for  receiving  manifest 2.  00 

Receiving  manifest,  and  granting  permit  to  unload,  for  Last-mentioned 

vessel  on  arrival  at  one  district  from  another 2.00 

Entry  of  vessel  of  100  tons  or  more  from  foreign  port 2.50 

Entry  of  vessel  under  100  tons • 1.  50 

( ilearance  of  vessel  of  100  tons  or  more  for  a  foreign  port 2.  50 

Clearance  of  vessel  under  100  tons 1.50 

l'ost -entry 2.00 

Bond  taken  officially,  not  otherwise  provided  for,  except  when  executed  In 
connection  with  the  entry  or  passage  of  goods  through  the  customs,  or 

with  the  entry  of  merchandise  for  exportation .40 

Official  certificate,  except  as  above  stated .20 

Collector's  certificate  to  shipping  articles .20 

Special  certificate  to  cancel  bond  not  given  in  connection  with  entry  of 

merchandise,  etc.,  under  act  1890 .  20 

Certified  copy  of  outward  manifest,  if  required  (fee  abolished) 

Copy  of  marine  document .20 

Official  documents  (United  States  vessels'  documents  excepted)  required 
by  any  merchant,  owner,  or  master  of  any  vessel  not  before  enumer- 
ated, including  bills  of  health  for  foreign  vessels .  20 

Services  other  than  admeasurement  to  be  performed  by  the  surveyor  in 
foreign-going  vessels  of  100  tons  or  more,  having  on  board  merchan- 
dise subject  to  duty,  Revised  Statutes,  4186  (not  applicable  to  vessels 

without  cargo  but  with  excess  of  sea  stores) 3.00 

For  like  services  in  vessels  under  100  tons  having  similar  merchandise 1.  50 

For  like  services  on  all  foreign-going  vessels  not  having  merchandise 

subject  to  duty .  67 

Certified  copy  of  bill  of  sale,  mortgage,  or  other  conveyance .  50 

Duties  performed  by  the  surveyor  on  vessel  of  100  tons  or  upwards,  if 

there  be  dutiable  cargo 3.  00 

Duties  performed  by  surveyor  on  vessel  of  less  than  100  tons,  if  there  be 

dutiable   cargo 1.  50 

Duties  performed  by  surveyor  on  vessel  of  whatever  tonnage  with  free 

cargo  or  ballast .  67 

Tonnage  duty,  if  due 

Certificate  payment  tonnage  dues,  foreign  vessel .  20 

Bill  of  health,  foreign  vessel .20 

Bond  to  retain  cargo  on  board,  if  required .40 

Certificate  of  American  growth  or  production,  if  required .20 

Clearance  of  an  American  vessel  for  a  foreign  port :  Fee  same  as  above 
(but  no  fee  collectible  for  bill  of  health,  certificate  payment  tonnage 
tax,  crew  list,  or  bond). 

Certificate  to  shipping  articles,  if  required .20 

The  fees  allowed  to  surveyors  for  services  other  than  admeasurement  on  board 
vessels  may  be  charged  by  the  collectors  performing  such  services  at  ports 
where  there  are  no  surveyors,  but  such  fees  will  not  be  collected  from  coast- 
ing vessels. 
Fees  for  the  admeasurement  of  vessels  under  5   tons   in   burden   will  not  he 

charged. 
Collectors  may  receive  port  warden's,  health  officer's,  and  harbormaster's  fees 

where  it  is  a  matter  of  convenience  to  all  parties  concerned. 
The  term  "legal  fees."  used  in  section  4206,  Revised   Statutes,  does  not  mean 

pilotage,  half  pilotage,  or  similar  local  charges. 
Masters  of  passenger  vessels  from  foreign  territory  not  contiguous  to  the 
United  States  are  required  to  pay,  within  twenty-four  hours  from  entry,  to 
the  collector  of  customs  at  the  port  of  arrival,  $10  for  each  passenger  over 
8  years  of  age  (not  being  a  cabin  passenger)  who  shall  have  died  of  natural 
disease  during  the  voyage. 
Collectors,  naval  officers,  and  surveyors  are  required  to  have  posted  in  a  public 
place  in  their  offices  a  fair  table  of  the  fees  demandable  by  law  at  their 
ports,  subject  at  all  times  to  inspection,  and  to  give  receipts  for  fees  col- 
lected, specifying  the  particulars,  whenever  required  to  do  so.  Failure  to 
observe  these  requirements  entails  a  penalty  of  $10(1  for  the  benefit  of  the 
informer. 


552  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

PORTS    ON    NORTHERN,    NORTHEASTERN,    AND    NORTHWESTERN 
FRONTIERS. 

Post   entry .$2.  00 

Official  bond  not  otherwise  provided  for,  except  when  executed  in  connec- 
tion with  the  entry  or  passage  of  goods  through  the  customs,  or  with 

the  entry  of  domestic  merchandise  for  exportation .  50 

Official  certificate  not  otherwise  provided  for,  except  as  above  stated .20 

Special  certificate  to  cancel  bond  not  given  in  connection  with  entry,  mer- 
chandise, etc.,  under  act  1890 .  20 

Certified  copy  of  outward  manifest,  if  required .  20 

Copy  of  marine  document .20 

Copy  bill  of  sale,  mortgage,  or  other  conveyance .  50 

The  fees  above  mentioned  are  applicable  in  the  case  of  all  vessels  navi- 
gating the  waters  of  the  northern,  northeastern,  and  northwestern 
frontiers  otherwise  than  by  the  sea,  and  no  fees  other  than  those 
above  specially  enumerated  can  be  legally  collected  from  the  owners 
or  masters,  as  such,  of  vessels  enrolled  or  licensed  on  said  frontiers. 
Clearance  of  a  foreign  vessel  for  a  foreign  port : 

Clearance .  50 

Bond  to  retain  cargo,  if  necessary .  50 

Clearance  of  an  American  vessel  directly  for  a  foreign  port : 

Clearance .  50 

Bond  to  retain  cargo,  if  necessary .  50 

Entry  of  an  American  vessel  engaged  in  the  coasting  trade  and  touch- 
ing at  a  foreign  port : 
Post  entry,  if  made 2.  00 

The  fees  allowed  to  surveyors  for  services  other  than  admeasurement  on  board 
vessels  may  be  charged  by  the  collectors  performing  such  services  at  ports 
where  there  are  no  surveyors,  but  such  fees  will  not  be  collected  from 
coasting  vessels. 

Fees  for  the  admeasurement  of  vessels  under  5  tons  in  burden  will  not  be 
charged. 

Collectors  may  receive  port  warden's,  health  officer's,  and  harbor  master's  fees 
where  it  is  a  matter  of  convenience  to  all  parties  concerned. 

The  term  "  legal  fees,"  used  in  section  4206,  Revised  Statutes,  does  not  embrace 
pilotage,  half-pilotage,  or  similar  local  charges. 

Masters  of  passenger  vessels  from  foreign  territory  not  contiguous  to  the 
United  States  are  required  to  pay,  within  twenty-four  hours  from  entry,  to 
the  collector  of  customs  at  the  port  of  arrival,  $10  for  each  passenger  over 
8  years  of  age  (not  being  a  cabin  passenger),  who  shall  have  died  of 
natural  disease  during  the  voyage. 

Permits  are  not  required  on  the  northern  frontier  to  unlade  cargo  brought  from 
an  American  port:  but  permits  must  be  obtained,  and  existing  laws  com- 
plied with,  previous  to  the  discharge  or  landing  of  passengers,  baggage, 
goods,  wares,  or  merchandise  brought  from  foreign  ports  or  places. 

Canadian  steamers  trading  on  the  northern  frontiers  from  one  foreign  port  to 
another,  and  touching  during  the  course  of  such  voyage  at  a  port  or  place 
in  the  United  States,  and  landing  passengers,  baggage,  or  freight  are 
required  to  report. 

Enrolled  or  licensed  vessels  upon  the  frontiers  departing  from  or  arriving  at  a 
port  in  one  collection  district  to  or  from  a  port  in  another  collection  dis- 
trict, although  touching  at  an  intermediate  foreign  port,  are  exempted  from 
payment  of  the  entrance  and  clearance  fees  of  fifty  cents  each,  and  from 
the  payment  of  tonnage  tax,  but  in  all  such  cases  an  entry  or  clearance 
must  be  made,  and  fees  be  paid  of  ten  cents  for  certification  of  manifest  and 
permit  to  go  from  district  to  district,  and  ten  cents  for  receiving  manifest. 

Vessels  used  exclusively  as  ferry-boats,  however  laden,  will  not  be  required  to 
enter  or  clear,  nor  will  the  masters  or  persons  in  charge  of  such  boats  be 
required  to  present  manifests  or  to  pay  entrance  or  clearance  fees,  or  fees 
for  receiving  or  certifying  manifests;  but  such  masters  or  other  persons 
will  be  required  to  report  to  the  proper  officer  of  the  customs  in  each 
instance,  and  to  apprise  him  of  any  baggage,  goods,  wares,  or  merchandise 
which  may  have  been  imported  in  such  boats  from  any  foreign  territory. 


PART  XLVII. — FEES  PAYABLE  BY   PRIVATE    PERSONS.  553 

Collectors  on  the  northern,  northeastern,  and  northwestern  frontiers  are  au- 
thorized to  keep  on  sale,  at  their  several  offices,  blank  manifests  and  clear- 
ances, and  to  charge  therefor  the  sum  of  10  cents  for  each  blank,  and  no 
more.  But  this  does  not  prohibit  private  persons  from  furnishing  their 
own  blanks,  if  said  blanks  are  in  accordance  with  law  and  regulations. 

Collectors,  naval  officers,  and  surveyors  are  required  to  have  posted  in  a  public 
place  in  their  offices  a  fair  table  of  the  fees  deinandable  by  law  at  their 
ports,  subject  at  all  times  to  inspection,  and  to  give  receipts  for  fees  col- 
lected, specifying  the  particulars,  whenever  required  to  do  so.  Failure  to 
observe  these  requirements  entails  a  penalty  of  #100  for  the  benefit  of  the 
informer. 


Part  XL VIII.— CUSTOMS  DISTRICTS,  PORTS,  AND  SUB- 
PORTS. 


>f  I  479.   Power    to    designate    ports    and 
subports. 

478.  Customs  districts  and  ports  of  entry. 


478.   Customs   districts   and   ports 
entry. 


District. 


Boundary. 


Headquarters 


Ports  of  entry. 


Maine     and     New  j  State  of  Maine  and  all  of  New  Hampshire  ex- 
Hampshire,  cept  county  of  Coos. 


Vermont . 


Massachusetts . 


Rhode  Island. 
Connecticut . . 


All  of  the  State  of  Vermont;  and  the  county 
of  Coos  in  the  State  of  New  Hampshire. 


All  of  the  Slate  of  Massachusetts. 


All  of  the  State  of  Rhode  Island. 
All  of  the  State  of  Connecticut . . 


Providence. . . 
Bridgeport . . . 


(or 


Portland. 

Houlton. 

Bar  Harbor. 

Fort  Fairfieid. 

Mars  Hill. 

Van  Buren. 

Madawaska. 

Monticello. 

Machias. 

Bath. 

Boothbay. 

Limestone. 

Fort  Kent. 

Bridgewater 

Eastport. 

Calais. 

Bangor. 

Ellsworth. 

Rockland. 

Vanceboro. 

Lowelltown 
Holeb). 

Belfast. 

Castine. 

Vinalhaven. 

South  West  Har- 
bor. 

Portsmouth,  N.  H. 
(including  Kit- 
tery). 

Newport. 

North  Troy. 

Derbyline. 

Island  Pond. 

Bleecher  Falls. 

St.  Albans. 

Richford. 

Burlington. 

Alburg. 

Swanton. 

Highgate. 

Boston. 

Gloucester. 

Salem  (including 
Beverly,  Marble- 
head,  and  Lynn. 

Provincetown. 

Plymouth. 

Barnstable. 

Vineyard  Haven. 

Fall  River. 

New  Bedford. 

Worcester. 

Springfield. 

Holyoke. 

Providence. 
Newport . 

Hartford. 
New  Haven. 
New  London. 
Stonington. 

Middletown. 

South  Manchester. 

Bridgeport. 

Stamford. 

Greenwich. 

Norwalk. 


554 


PART    XLV1I1.-     CUSTOMS    DISTRICTS,   PORTS,   AND  SUBPORTS.      555 


District. 

Boundary . 

Headquarters. 

Ports  of  entry. 

St.  Lawrence 

State  of  New  York,  to  include  all  of  the  coun- 
ties of  Clinton,  Essex,  Franklin,  St.  Law- 

Ogdensburg... 

Ogdensburg. 

Nyando. 

rence,  Jefferson,  and  Lewis. 

Morristown. 

Rouses  Point. 

Malone. 

Fort  Covington. 

IMattsburg. 

Champlain. 

Chateaugay. 

Mooers. 

Waddington. 

Cape  Vincent. 

Alexandria  Bay. 

Chaumont. 

Clayton. 

Rochester 

All  of  the  counties  of  Oswego,  Oneida,  Onon- 

Rochester  

Rochester. 

daga,   Cayuga,   Seneca,    Wayne,    Broome, 

Oswego. 

Tompkins,  Chenango,  Madison,  Cortland, 
Hamilton,  Schuyler,  Chemung,  Herkimer, 
Monroe,  Ontario,  Livingston,  Yates,  Steu- 

Utica. 

Syracuse. 

Fair  Haven. 

ben,  Orleans,  Genesee,  and  Wyoming. 

Sodus  Point. 

Buffalo 

All  of  the  counties  of  Niagara,  Erie,  Catta- 

Buffalo  

Buffalo. 

raugus,  and  Chautauqua. 

Niagara  Falls. 

North  Tonawanda 
(including  Tona- 
wanda). 

Dunkirk. 

Lewiston. 

New  York 

To  include  all  that  part  of  the  State  of  New 
York  not  expressly  included  in  the  districts 

New  York 

New  York. 

Newark. 

of  St.  Lawrence,  Rochester,  and  Buffalo,  and 

Perth  Amboy. 

also  to  include  the  counties  of  Sussex,  Pas- 
saic, Hudson,  Bergen,  Essex,  Union,  Middle- 

Patchogue. 

Greenport. 

sex,  and  Monmouth,  in  the  State  of  New 

Albany. 

Jersey. 

Philadelphia 

To  include  all  that  part  of  the  State  of  Pennsyl- 

Philadelphia.. 

Philadelphia      (to 
include  Camden 

vania  lying  east  of  79°  west  longitude,  all  of 

the  State  of  Delaware,  and  all  of  that  part  of 

and     Gloucester 

the  State  of  New  Jersey  not  included  in  the 

City,  N.  J.). 

district  of  New  York. 

Thompsons  Point. 

Tuckerton. 

Chester. 

Wilmington. 

Lewes. 

Pittsburgh 

To  include  all  of  the  State  of  West  Virginia  and 

Pittsburgh 

Pittsburgh. 
Wheeling. 

all  of  the  State  of  Pennsylvania  lying  west  of 

79°  west  longitude,  except  the  county  of  Erie. 

Maryland 

To  include  all  of  the  State  of  Maryland,  the 

Ball  imore 

Baltimore. 

District  of  Columbia,  and  the  county  of 

Washington. 

Alexandria  in  the  State  of  Virginia. 

Crisfield. 

Annapolis. 

Alexandria. 

Virginia 

To  include  all  of  the  State  of  Virginia,  except 

Norfolk 

Norfolk. 

the  county  of  Alexandria. 

Newport  News. 

(The  port  of  Norfolk  shall  include  both  of  said 

Richmond. 

cities  and  the  waters  and  shores  of  Hampton  i 

Petersburg. 

Roads.) 

Cape  Charles  City. 

Chincoteague. 

Reedville. 

North  Carolina 

To  include  all  of  the  State  of  North  Carolina Wilmington... 

Wilmington. 
Elizabeth  City. 
Newbern. 
Manteo. 
Beaufort. 

South  Carolina 

All  of  the  State  of  South  Carolina Charleston.... 

Charleston. 

Georgetown. 

Beaufort. 

Georgia 

All  of  the  State  of  Georgia  except  the  north     Savannah 

shore  of  the  St.  Marys  River  and  the  city  of 

Savannah. 

Brunswick. 

St.  Marys. 

Darien. 

Atlanta. 

556 


NAVIGATION   LAWS   OF   THE   UNITED  STATES. 


District. 

Boundary. 

Headquarters. 

Ports  of  entry. 

Florida 

All  of  the  State  of  Florida  and  the  north  bank 
of  the  St.  Marys  River  and  the  city  of  St. 

Tampa 

Tampa  (including 

Port  Tampa). 

Marys,  Ga 

Key  West. 

Punta  Gorda. 

Boca  Grande. 

Miami. 

Jacksonville. 

Pensacola. 

St.  Andrews. 

St.  Augustine. 

Fernandina      (in- 
cluding    St. 
Marys,  Ga.). 

Cedar  Keys. 

Port  Inglis. 

Apalachicola. 

Carrabelle. 

Mobile 

All  of  the  State  of  Alabama  and  all  that  part  of 
the  State  of  Mississippi  lying  south  of  31° 

Mobile 

Mobile. 

liirmingham. 

north  latitude. 

Gulfport. 
Pascagoula. 

New  Orleans 

All  of  the  State  of  Louisiana  and  all  that  part 
of  the  State  of  Mississippi  lying  north  of  31° 

New  Orleans. . 

New  Orleans. 

Morgan  City. 

north  latitude. 

Sabine 

To  include  the  following  territory:  Beginning 
on  the  Gulf  of  Mexico  at  the  center  of  the 

Port  Arthur. . . 

Port  Arthur. 

Sabine. 

stream  of  Sabine  Pass;  thence  north  with  the 

center  of  the  stream  of  Sabine  Pass  to  Sabine 

Lake;  thence  with  the  center  of  the  stream 

of  Sabine  Lake  to  a  point  directly  opposite  to 
the  Sabine  River:  thence  north  with  the  east 

shore  of  the   Sabine   River  to  the  north 

boundary   line   of   Shelby    County,   Tex.; 

thence  west  to  the  Neclies  River;  thence 

down  said  river  with  its  west  shore  to  a  north 

boundarv  line  of  TetTerson  County,  thence  in 

a  westerlv  direction  with  the  said  north 

boundarv*  line  to  the  east  boundary  line  of 

Liberty  'County,  Tex.;  thence  south  to  the 

Gulf  of  Mexico;  thence  in  an  easterly  direc- 

tion along  the  Gulf  shores  to  the  place  of  be- 

ginning. 

Galveston 

All  of  the  State  of  Texas  except  the  territory 
included  in  the  districts  of  Sabine,  Laredo, 

Galveston 

Galveston  (includ- 

ing Port  Bolivar 

El  Paso,  and  Eagle  Pass. 

and  Texas  City). 
Dallas. 
Houston. 
Port  Lavaca. 

San  Antonio 

That  part  of  the  State  of  Texas  lying  west  of 

San  Antonio.. 

San  Antonio. 

97°  of  west  longitude  and  east  of  the  Pecos 
River. 

Laredo. 
Brownsville. 
Corpus  Christi. 
Rio  Grande  City. 
Santa  Maria. 
Del  Rio. 
Eagle  Pass. 

ElPaso 

All  the  counties  of  El  Paso  and  Culberson  in 
the  State  of  Texas  and  all  of  the  State  of 

ElPaso 

El  Paso. 

Columbus.N.Mex. 

New  Mexico. 

Boquillas. 
Presidio. 

Arizona 

All  of  the  State  of  Arizona 

Nogales 

Nogales. 

Naco. 
Yuma. 

Douglas. 

Southern  California. 

All  that  part  of  the  State  of  California  lying 
south  of  3.5°  north  latitude. 

Los  Angeles. . . 

Los  Angeles. 

San  Diego. 

Calexico. 

Campo. 
Tia  Juana. 

San  Francisco 

All  that  part  of  the  State  of  California  lying 

San  Francisco. 

San  Francisco  (in- 

north of  35°  north  latitude. 

cluding    Oak- 
land). 

Eureka. 

Port  San  Luis. 

Oregon 

All  of  the  State  of  Oregon  and  the  north  bank 

Portland 

Portland. 

of  the  Columbia  River  west  of  119°  of  west 

Astoria. 

longitude. 

Newport. 
Empire. 

PART  XLVIII. — CUSTOMS   DISTRICTS,    PORTS,   AND   SUBPORTS. 


557 


District. 

Boundary. 

Headquarters. 

Torts  of  entry. 

Washington 

All  of  the  State  of  Washington,  except  that 

Seattle 

Seattle. 

part  included  in  the  district  of  Oregon. 

Port  Townsend. 
Aberdeen. 

Anacortes. 

Bellingham. 

Blaine. 

Chopaka. 

Danville. 

Everett. 

Ferry. 

Friday  Harbor. 

Laurier. 

Molson. 

Northporl 

1'iirt  Angeles. 
Roche  Harbor. 

South  Bend. 

Spokane. 

Sumas. 

Tacoma. 

Alaska 

All  of  the  Territory  of  Alaska 

Juneau 

Juneau. 

Eagle. 

Ketchikan. 

Cordova. 

Sulzer. 

St.  Michael. 

Skagwav. 
Pnalaska. 

Wrangell. 

Fortymile. 

Fairbanks. 

Nome. 

Hawaii 

All  of  the  Territory  of  Hawaii 

Honolulu 

Honolulu. 

Hilo. 
Kahului. 

Kaloa. 

Mahukona. 

Montana  and  Idaho. 

All  of  the  States  of  Montana  and  Idaho 

Great  Falls.... 

Great  Falls. 

Eastport. 

Port  Hill. 

Plentywood. 

Sweetgrass. 

Gateway. 

Dakota 

All  of  the  States  of  North  and  South  Dakota 
and  the  county  of  Kittsen  in  the  State  of 

Pembina 

Pembina. 

Noyes     (St.     Vin- 

Minnesota. 

cent). 
Portal. 
St.  John. 
Hannah. 
Neche. 
Ambrose. 
Souris. 
Walhalla. 
Sarles. 
Sherwood. 
Fbinsboro. 
Crosby. 
Antler. 

Minnesota 

State  of  Minnesota  lying  south  of  46°  north 
latitude. 

St.  Paul 

Minneapolis... 

St.  Paul. 

Minneapolis. 

Duluth  and  Supe- 

All of  the  State  of  Minnesota,  except  the 

Duluth   and 

Duluth. 

rior. 

countv  of  Kittsen,  lving  north  of  4f>°  north 

Superior. 

Superior. 

latitude  and  all  of  the  State  of  Wisconsin 

International 

lving  north  of  said  latitude,  and  the  island 
of  Isle  Roval,  in  the  State  of  Michigan. 

Falls. 

Warroad. 

(The  port  of  Duluth  and  Superior  shall  in- 
clude both  of  said  cities  and  West  Superior.) 

Ranier. 

Two  Harbors. 
Ashland. 

Isle  Royal. 

Wisconsin 

All  of  the  State  of  Wisconsin  lying  south  of  46° 
north  latitude. 

Milwaukee . . . 

Milwaukee. 

Green  Bay. 
Kenosha. 

Kewaunee. 

Manitowoc. 

Marinette  (includ- 

ing Menominee) 

Racine. 

Sheboygan. 

Sturgeon  Bay. 

558 


NAVIGATION    LAWS   OF   THE   UNITED   STATES. 


District. 

Boundary. 

Headquarters. 

Ports  of  entry. 

Michigan 

All  of  the  State  of  Michigan 

Detroit 

Detroit. 

Port  Huron. 
Saginaw. 

Alpena. 

Bay  City. 
Marine  City. 

St.  Clair. 

Grand  Rapids. 

Grand  Haven. 

Charlevoix. 

Manistee. 

Manistique. 

Muskegon. 

St.  Joseph. 

Sault  Ste.  Marie. 

Cheboygan. 

Mackinaw. 

Detour. 

Escanaba. 

Houghton. 

Marquette. 

Chicago 

All  of  the  State  of  Illinois  lying  north  of  39° 

Chicago 

Chicago. 

north  latitude  and  all  that  part  of  the  State 

Peoria. 

of  Indiana  lying  north  of  41°  of  north  lati- 
tude. 

Michigan  City. 

Indiana 

All  of  the  State  of  Indiana  lying  south  of  41°  of 
north  latitude. 

Indianapolis . . 

Indianapolis. 
Evansville. 

Ohio 

All  of  the  State  of  Ohio  and  the  county  of  Erie 
in  the  State  of  Pennsylvania. 

Cleveland 

Cleveland. 

Conneaut. 

Ashtabula. 

Fair  port. 
Lorain. 

Sandusky. 

Put  in  Bay. 

Toledo. 

Cincinnati. 

Columbus. 

Dayton-Erie. 

Kentucky 

All  of  the  State  of  Kentucky 

Louisville 

Louisville. 

Paducah. 

Tennessee 

All  of  the  State  of  Tennessee 

Memphis 

Memphis. 

Nashville. 

Chattanooga. 

Knoxville. 

Iowa 

All  of  the  State  of  Iowa 

Des  Moines 

Des  Moines. 

Sioux  City. 

Dubuque. 

St.  Louis 

All  of  the  States  of  Missouri,  Kansas,  Arkansas, 

St.  Louis 

St.  Louis  (includ- 

and Oklahoma,  and  all  that  part  of  the  State 

ing    East    St. 

of  Illinois  lying  south  of  39°  north  latitude. 

Louis). 
Kansas  City. 
Cairo,  111. 
St.  Joseph,  Mo. 

Omaha 

All  of  the  States  of  Nebraska  and  Wyoming 

Omaha 

Omaha. 

Lincoln. 

Colorado 

All  of  the  State  of  Colorado 

Denver 

Salt  Lake  City 
San  Juan 

Denver. 

Utah  and  Nevada.. 

All  of  the  States  of  Utah  and  Nevada 

Salt  Lake  City. 
San  Juan. 

Porto  Rico 

The  island  of  Porto  Rico 

Humacao. 

Aguadilla. 

Mayaguez. 
Arecibo. 

Arroyo. 

Fajardo. 

Ponce. 

Guanica. 

PART   XLVIII. — CUSTOMS  DISTRICTS,  PORTS,  AND  SUBPORTS. 


559 


The  use  of  the  terms  "port  of  delivery"  ;in<l  "subport  of  entry" 
is  hereby  discontinued,  and  all  ports  of  entry,  subports  of  entry,  and 
ports  of  delivery  not  above  specifically  mentioned  as  ports  of  entry, 
are  hereby  abolished. 

The  privileges  of  the  first  and  seventh  sections  of  the  act  of  June 
10,  1880,  commonly  known  as  the  "  immediate  transportation  act," 
shall  remain  as  heretofore  existing  with  respect  to  the  ports  of  entry 
above  mentioned. 

Ports  at  which  merchandise  may  be  entered  for  transportation  to  other  ports 
without  appraisement  under  the  act  of  June  10,  1880. 


Alhurg.  Vt. 
Astoria,  Oreg. 
Baltimore,  Md. 

Bangor,  Me. 
Math,   Me. 
Bay  City,  Mich. 
Beecher  Falls,  Vt. 
Blaine,  Wash. 
Boston,  Mass. 
Brownsville,  Tex. 
Brunswick,   Ga. 
Buffalo,  N.  Y. 
Burlington,   Vt. 
Calais,  Me. 
Charleston,  S.  C. 
Chicago,  111. 
Cleveland,  Ohio. 
Detroit,  Mich. 
Duluth.  Minn. 
Eagle  Pass,  Tex. 


Eastport,  Idaho. 

Easlport,    Me. 
El  Paso,  Tex. 
Everett,  Wash. 
Fernandina.   Fla. 
Galveston,  Tex. 
Gladstone,  Mich. 
Honolulu,   T.   H. 
Island  Pond,  Vt. 
Key  West.  Fla. 
Knights  Key,  Fla. 
Laredo,  Tex. 
Los  Angeles,  Calif. 
Malone,  N.  Y. 
Marquette,   Mich. 
Miami,   Fla. 
Milwaukee.   Wis. 
Mobile,  Ala. 
New  London,  Conn. 
New  Orleans,  La. 


Newport,  Vt. 
Newport  News,   Va. 
New  York,  N.  Y. 
Niagara    Falls,   N.    Y. 
Nogales,  Ariz. 
Norfolk,  Va. 
Nyando,  N.  Y. 
Ogdensburg,  N.  Y. 
Pembina,  N.  Dak. 
Pensacola,   Fla. 
Philadelphia,  Pa. 
Port  Arthur,  Tex. 
Port  Huron,  Mich. 
Portal,  N.  Dak. 
Portland,  Me. 
Portland,  Oreg. 
Port  Townsend,  Wash 
Providence,  R.   I. 
Ranier,  Minn. 
Richford,  Vt. 


Rochester,  N.  Y. 
Rouses  Point,  N.  Y. 
St.   Albans,   Vt. 
St.    Vincent,   Minn. 
San   Diego,  Calif. 
San  Francisco,  Calif. 
Sault  Ste.  Marie,  Mich. 
Savannah,   <ia. 
Seattle,  Wash. 
Sioux  City,  Iowa. 
Sumas,  Wash. 
Tacoma,  Wash. 
Tampa,  Fla. 
Texas  City,   Tex. 
Toledo,  Ohio. 
Van  Buren,  Me. 
Vanceboro,  Me. 
Wimington,  N.  C. 


Ports  to  which  merchandise  may  be  transported  without  appraisement  under  the 
act  of  June  10,  1880. 


Albany,  N.  Y. 
Astoria,  Oreg. 
Atlanta,  Ga. 
Baltimore.  Md. 
Bangor,  Me. 
Bath,  Me. 
Bellingham,  Wash. 
Birmingham,   Ala. 
Boston.   Mass. 
Bridgeport,  Conn. 
Buffalo,  N.   Y. 
Burlington.  Vt. 
Calais,  Me. 
Charleston,  S.  C. 
Chattanooga,  Tenn. 
Chicago,   111. 
Cincinnati,  Ohio. 
Cleveland,  Ohio. 
Coal  City,  111. 
Columbus,  Ohio. 
Corry.   Pa. 

Council  Bluffs,   Iowa. 
Dallas,  Tex. 
Dayton,  Ohio. 
Denver,   Colo. 
I  us  Moines,  Iowa. 
Detroit,  Mich. 
Dubuque,  Iowa. 
Duluth.  Minn. 
Dunkirk,  N.  Y. 
Durango,  Colo. 
Durham,  N.  C. 
Eagle  Pass,  Tex. 


Eastport,  Me. 
El  Paso,  Tex. 
Enfield,  Conn. 
Erie,  Pa. 
Evansville,  Ind. 
Everett,  Wash. 
Fall  River,  Mass. 
Galveston,  Tex. 
Gladstone,   Mich. 
Gloucester,  Mass. 
Grand  Haven,  Mich. 
Grand  Rapids,  Mich. 
Green  Bay,  Wis. 
Greenwich,  Conn. 
Hartford,  Conn. 
Honolulu,   Hawaii. 
Houston,   Tex. 
Indianapolis,   Ind. 
Jacksonville,  Fla. 
Kansas   City,  Mo. 
Key  West,  Fla. 
Knoxville,    Tenn. 
Laredo,  Tex. 
Leadville,  Colo. 
Lincoln,  Nebr. 
Los  Angeles,  Calif. 
Louisville,    Ky. 
Marquette,   Mich. 
Memphis.  Tenn. 
Middletown,  Conn. 
Milwaukee.   Wis. 
Minneapolis,  Minn. 
Mobile,  Ala. 


Nashville,  Tenn. 
Newark,   N.   J. 
New  Bedford,  Mass. 
New  Haven,  Conn. 
New  Orleans,  La. 
Newport,  R.   I. 
Newport  News,  Va. 
New  York,  N.   Y. 
Niagara   Falls,  N.  Y. 
Nogales,  Ariz. 
Norfolk,  Va. 
Norwalk,  Conn. 
Oakland.  Calif. 
Ocala,  Fla. 
Ogdensburg,  N.  Y. 
Omaha,  Nebr. 
Peoria,  111. 
Perth  Amboy,  N.  J. 
Petersburg.  Va. 
Petoskey,    Mich. 
Philadelphia,   Pa. 
Pittsburgh,   Pa. 
Port  Arthur,  Tex. 
Port   Huron,  Mich. 
Portland,  Me. 
Portland,  Oreg. 
Portsmouth,   N.    II . 
Port  Townsend,  Wash. 
Providence.   R.    I. 
Pueblo,   Colo. 
Richmond,   Va. 
Rochester,  N.   Y. 
St.  Augustine,  Fla. 


St.  Joseph,  Mo. 
St.  Louis,  Mo. 
St.  Paul,  Minn. 
Sabine  Pass,  Tex. 
Saginaw,  Mich. 
Salt  Lake  City.   Utah. 
San  Antonio,  Tex. 
San   Diego,   Calif. 
Sandusky,  Ohio. 
San  Francisco,  Calif. 
Sault  Ste.  Marie,  Mich. 
Savannah.  Ga. 
Seattle,  Wash. 
Sioux  City,  Iowa. 
South     Manchester, 

Conn. 
Spokane,   Wash. 
Springfield,  Mass. 
Stamford,   Conn. 
Superior,   Wis. 
Syracuse,  N.  Y. 
Tacoma,  Wash. 
Tampa,  Fla. 
Titusville.  Pa. 
Toledo,  Ohio. 
Dtica,  N.  Y. 
Vanceboro,  Me. 
Vernon        (Rockville), 

Conn. 
Washington,    D.    C. 
Wilmington,   Del. 
Wilmington.  N.  C. 
Worcester,   Mass. 


>G0 


NAVIGATION   LAWS   OF   THE   UNITED  STATES. 


Lists  of  ports  at  which  bonded  warehouses  are  established. 


Apalachicola,  Fla. 
Atlanta,  Ga. 

Baltimore,  Md. 
Bangor,  Me. 
Bath,  Me. 
Belfast,  Me. 
Bonners  Ferry,  Mont. 
Boothbay,  Me. 
Boston,  Mass. 
Bridgeport,  Conn. 
Brownsville,  Tex. 
Buffalo,  N.  Y. 
Burlington,  Vt. 
Cape  Vincent,  N.  Y. 
Castine,  Me. 
Chattanooga,  Tenn. 
Chicago,  111. 
Cincinnati,  Ohio. 
Denver,  Colo. 
Detroit,  Mich. 
Duluth,  Minn. 
Durham,  N.  C. 
Eagle  Pass,  Tex. 


Eastport,  Me. 
El  Paso,  Tex. 
Erie,  Pa. 
Evansville,  Ind. 
Everett,  Wash. 
Fall  River,  Mass. 
Galveston,  Tex. 
Cloucester,  Mass. 
Grand   Rapids,   Mich. 
Great  Falls,  Mont. 
Creen   Bay,   Wis. 
Hartford,    Conn. 
Honolulu,  Hawaii. 
Indianapolis.   Ind. 
Kansas  City,  Mo. 
Key    West,    Fla. 
Da  redo,  Tex. 
Lincoln,  Nebr. 
Los  Angeles,  Calif. 
Louisville,  Ky. 
Minneapolis,  Minn. 
New  Haven,  Conn. 
New   London,   Conn. 


New  Orleans,   La. 
Newport  News,  Va. 
Newark,  N.  J. 
New  York. 
Niagara  Falls,  N.   Y. 
Nogales,  Ariz. 
Ogdensburg,  N.  Y. 
Omaha,  Nebr. 
Oswego.  N.  Y. 
Pensacola,  Fla. 
Perth  Amboy,  N.  J. 
Petersburg,   Va. 
Philadelphia,  Pa. 
Pittsburgh,  Pa. 
Plattsburg,  N.  Y. 
Port  Huron,  Mich. 
Portland,   Me. 
Portland,  Oreg. 
Portsmouth,  N.  H. 
Port  Townsend,  Wash. 
Providence,   R.   I. 
Provineetown,    Mass. 
Richmond,  Va. 


Rochester,  N.  Y. 
St.  Joseph,  Mo. 
St.  Louis,  Mo. 
St.   Michael,  Alaska. 
St.  Paul,  Minn. 
Saginaw,  Mich. 
Salem,  Mass. 
San  Antonio,  Tex. 
San  Diego,  Calif. 
San   Francisco,  Calif. 
San  Juan,  I*.  R. 
Savannah,  Ga. 
Seattle.  Wash. 
Sioux  City,  Iowa. 
Skagway,  Alaska. 
Spokane,  Wash. 
Syracuse,  N.  Y. 
Tacoma,  Wash. 
Tampa,  Fla. 
Toledo,  Ohio. 
Utica,  N.  Y. 


List  of  ports  where  the  custom-house  premises  are  used  for  the  storage  of  im- 


ported goods  in  bond. 


Albany,  N.  Y. 
Aguadilla,  P.  R. 
Arecibo,  P.  R. 
Arroyo,  P.  R. 
Bangor,  Me. 
Charleston,  S.  C. 
Cleveland,  Ohio. 
Columbus,  Ohio. 


Fajardo,  P.  R. 
Guanica,  P.  R. 
Humacao,  P.  R. 
Jacksonville,  Fla. 
Marquette,   Mich. 
Mayaguez,  P.  R. 
Memphis,   Tenn. 
Milwaukee,  Wis. 


Nashville,  Tenn. 
Norfolk,  Va. 
Peoria,  111. 
Ponce,  P.  R. 
Providence,  R.  I. 
Rochester,  N.  Y. 
St.  Augustine,  Fla. 
Sandusky,  Ohio. 


San  Juan,  P.  R. 
Springfield,  Mass. 
Washington,  D.  C. 

(Georgetown). 
Wilmington,  Del. 


Feb.  14, 
Sec.  10. 


May   22, 
Sec.   2. 


June  10,  1896. 


Feb.   14, 
Sec.  10. 


Aug.  28, 
Sec.  2. 
Feb.   14, 
Sec.   10, 


479.   Power  to  designate  ports  and  subports. 

1896.  Such  0ther  places  [in  Alaska] as  may  be  designated  by 
the  Secretary  of  the  Treasury,  as  the  interests  of  com- 
merce may  require,  shall  be  subports  of  entry  or  delivery 
or  both;  and  customs  officers  shall  be  stationed  at  such 
subports,  with  authority  to  enter  and  clear  vessels,  receive 
duties,  fees,  and  other  moneys,  and  perform  such  other 

1903.  services  and  receive  such  compensation  as  in  the  judg- 
ment of  the  Secretary  of  the  Treasury  the  exigencies  of 
commerce  may  require. 

1396'  Such  other  places  in  the  State  of  Colorado  as  the  Sec- 
retary of  the  Treasury  may  designate  from  time  to  time 
shall  be  ports  of  delivery,  with  all  the  privileges  now 
accorded  by  law  to  the  port  of  Denver,  Colorado,  the  sur- 
veyor of  customs  of  which  port  shall  supervise  the  cus- 
toms business  transacted  at  such  places  in  the  same  man- 
ner and  to  the  same  extent  as  at  Denver. 

Such  places  in  the  collection  districts  in  the  State  of 
Florida  as  the  Secretary  of  the  Treasury  may  from  time 
to  time  designate  shall  be  subports  of  entry  and  delivery, 
and  customs  officers  shall  be  stationed  at  such  subports, 

1903-  with  authority  to  enter  and  clear  vessels,  receive  duties, 
fees,  and  other  moneys,  and  perform  such  other  services 
and  receive  such  compensation  as,  in  the  judgment  of  the 
Secretary  of  the  Treasury,  the  exigencies  of  commerce 
may  require. 

Such  other  ports  as  the  Secretary  of  the  Treasury  shall 

1903.  from  time  to  time  designate  shall  be  subports  of  entry 
[Puget  Sound]  and  customs  officers  shall  be,  &c,  &c. 


Sec. 


Feb.   14,   1903. 
Sec.  10. 


PART   XLVIII. CUSTOMS  DISTRICTS,   PORTS,   AND   SUBPOBTS.       561 

Such  places  in  the  customs  district  of  the  Territory  of     Mar-  3-  1901- 
Hawaii  as  the  Secretary  of  the  Treasury  may  from  time 
to  time  designate  shall  be  subports  of  entry  and  delivery, 
and  customs  officers  shall  be  stationed  at  such  subports 
with  authority  to  enter  and  clear  yessels,  receiye  duties,    Feb  14  1903 
fees,  and  other  moneys,  and  perform  such  other  services     Sec.  10! 
and  receive  such  compensation  as  in  the  judgment  of  the 
Secretary  of  the  Treasury  the  exigencies  of  commerce 
may  require :  Provided,  however,  That  the  Secretary  of  the 
Treasury  be,  and  he  is  hereby,  authorized  and  empowered 
to  discontinue  such  subports  of  entry  or  delivery  whenever 
in  his  judgment  there  is  necessity  for  such  action. 

The  Secretary  of  the  Treasury  shall  designate  the  sev-  Apr.  12, 
eral  ports  and  subports  of  entry  in  Porto  Rico  and  shall 
make  such  rules  and  regulations  and  appoint  such  agents 
as  may  be  necessary  to  collect  the  duties  and  taxes  author- 
ized to  be  levied,  collected,  and  paid  in  Porto  Rico  by 
the  provisions  of  this  Act,  and  he  shall  fix  the  compensa- 
tion and  provide  for  the  payment  thereof  of  all  such  offi- 
cers, agents  and  assistants  as  he  may  find  it  necessary  to 
employ  to  carry  out  the  provisions  hereof.     *     *     * 

Monterey  and  Port  Harford,  in  the  State  of  California,  May  23>  1908 
are  hereby  made  subports  of  entry  in  the  district  of  San 
Francisco,  and  the  necessary  customs  officers  may,  in  the 
discretion  of  the  Secretary  of  the  Treasury,  be  stationed 
at  each  of  said  subports  with  authority  to  enter  and  clear 
vessels,  receive  duties,  fees,  and  other  moneys,  and  per- 
form such  other  services  as,  in  his  judgment,  the  interest 
of  commerce  may  require,  and  said  officers  shall  receive 
such  compensation  as  he  may  allow^. 

In  lieu  of  stationing  deputy  collectors  or  other  customs  sec.  a. 
officers  permanently  at  either  of  said  subports,  in  said  dis- 
trict, the  Secretary  of  the  Treasury  may,  in  his  discretion, 
authorize  the  necessary  officers  to  be  detailed  from  time 
to  time,  from  the  port  of  entry,  or  from  another  subport 
within  such  district  to  enter  or  clear  vessels,  receiye  dul  ies, 
fees,  or  other  moneys,  and  perform  such  other  services  as, 
in  his  judgment,  the  interests  of  commerce  may  require. 

Baton  Rouge,  in  the  State  of  Louisiana,  is  hereby  made  Apr.  27,  1010. 
a  subport  of  entry  in  the  district  of  New  Orleans,  and 
the  necessary  customs  officers  stationed  at  said  port  may. 
in  the  discretion  of  the  Secretary  of  the  Treasury,  enter 
and  clear  vessels,  receive  duties,  fees,  and  other  moneys, 
and  perform  such  other  service  as,  in  his  judgment,  the 
interest  of  commerce  may  require. 

Saint  Andrews,  in  the  State  of  Florida,  is  hereby  made  Mar.  8,  1911. 
a  subport  of  entry  in  the  district  of  Pensacola,  and  the 
necessary  customs  officers  may,  in  the  discretion  of  the 
Secretary  of  the  Treasury,  be  stationed  at  said  sub] toil 
with  authority  to  enter  and  clear  vessels,  receive  duties, 
fees,  and  other  moneys,  and  perform  such  other  services 
as  in  his  judgment,  the  interest  of  commerce  may  require, 
and  said  officers  shall  receive  such  compensation  as  he 
may  allow. 

143562°— 19 36 


Part  XLIX.— CONSULATES  OF  THE  UNITED  STATES. 


480.   Consulates  of  the  United  States. 

(In  the  following  list  places  in  roman  type  are  principal  offices — consulates  general  and 
consulates.  Places  in  italics  are  consular  agencies,  the  agents  being  subordinate  to 
and  under  the  direction  of  the  principal  consular  officers.) 


AFRICA. 

Alexandria,  Egypt. 

Algiers,  Algeria. 

Assoot,  Egypt. 

Bloemfontein,  Orange  River 
Colony,  South  Africa. 

Borna,  Kongo. 

Cairo,   Egypt. 

Cape  Town,  Cape  of  Good 
Hope,   South  Africa. 

Casa  Blanco,,  Morocco. 

Cyprus,  Egypt. 

Dakar,  Senegal,  West  Africa. 

Durban,  Natal,  South  Africa, 

East  London.  t'apc  of  Good 
Hope,  South   Africa. 

Johannesburg,  Transvaal, 
South  Africa. 

Lourenco  Marques,  East  Af- 
rica. 

Mogador.  Morocco. 

Monrovia,  Liberia. 

Nairobi,  British  East  Africa. 

Oran,  Algeria, 

Port  Elizabeth,  Cape  of  Good 
Hope,  South  Africa. 

Port  Said,  Egypt. 

Sues,  Egypt. 

Tangier,  Morocco. 

Tunis,  Tunis,  North  Africa. 

ALGERIA. 

(See  under  Africa.) 

ARABIA. 

(Asia.) 

Aden. 

ARGENTINA. 
(South  America.) 

Buenos  Aires. 
Rosario. 

AUSTRALIA. 

(Pacific  anil   Indian 

Oceans.) 

Adelaide. 

Brisbane,  Queensland. 

En  -mantle,  Western  Austra- 
lia. 

Melbourne. 

Newcastle,  New  South  Wales. 
Sydney,  New  South  Wales. 
Towns rillc,   Queensland. 

AZORES. 

(Islands,  North  Atlantic 

Ocean.) 

St.  Michael's. 

562 


BELGIUM. 

(Europe.) 

Antwerp. 
Brussels. 
Ghent. 
Liege. 

BERMUDA  ISLANDS. 
(North  Atlantic  Ocean.) 

Hamilton. 
St.  George. 

BRAZIL. 
(South  America.) 

Bahia. 
Ceara. 

Curityba. 

Manaos. 

Maranhdo. 

Para. 

Pernarubuco. 

Porto  Alegre. 

Rio  de  Janeiro. 

Rio  Grande. 

Santos. 

Sao  Paulo. 

Victoria. 

BULGARIA. 
(Balkan  State,  Europe.) 


CANADA. 

(North  America.) 

Annapolis  Royal,  Nova 
Scotia. 

Arnprior,  Ontario. 

Bathurst,    New    Brunswick. 

Bridgewater,  Nova  Scotia. 

Calsarv,  Alberta. 

Campbellton,  New  Bruns- 
wick. 

Charlottetown,  Prince  Ed- 
ward  Island. 

Cornwall,  Ontario. 

Cumberland,  British  Colum- 
bia. 

Edmonton,  Alberta. 

Feruie,   British  Columbia. 

Port  William  and  Port  Ar- 
thur, Ontario. 

Fredericton ,  Sew  Brunswick, 

Gait,  Ontario. 

Gaspe,  Quebec. 

Halifax,  Nova  Scotia. 

Hamilton,  Ontario. 

Kenora,  Ontario, 


CANADA— Continued. 

Kingston,  Ontario. 

Lethbridge,  Alberta. 

Liverpool,  Nova  Scotia. 

Louisburg,  Nova  Scotia. 

Lunenburg,  Nova  Scotia. 

Moncton,  New  Brunswick. 

Montreal,  Quebec. 

Nanainw.  British  Columbia. 

Newcastle,  New  Brunswick. 

Niagara  Falls,  Ontario. 

North  Bay,  Ontario. 

Ottawa,  Ontario. 

Peterborough,  Ontario. 

Port  Hawkesbury,  Nova 
Scotia. 

Prescott,  Ontario. 

Prince  Rupert,  British  Co- 
lumbia. 

Quebec,  Quebec. 

Regina,   Saskatchewan. 

Riviere  du  Loup,  Quebec. 

St.  John,  New  Brunswick. 

St.  John's,  Newfoundland. 

St.  Leonards,  New  Bruns- 
wick. 

St.  Stephen,  New  Bruns- 
wick. 

Sarnia,  Ontario. 

Sault  Ste.  Marie,  Ontario. 

Sherbrooke,  Quebec. 

Summer  side,  Prince  Edward 
Island. 

Sydney,   Nova   Scotia. 

Toronto.  Ontario. 

Vancouver,  British  Co- 
lumbia. 

Victoria,  British  Columbia. 

White  Horse,  Yukon  Terri- 
tory. 

Windsor,  Ontario. 

Winnipeg,   Manitoba. 

Yarmouth,  Nova  Scotia. 

CANARY    ISLANDS. 
(Nortli  Atlantic  Ocean.) 


CAPE  OF  GOOD  HOPE. 

(See  under  Africa. ) 

CAPE  VERDE  ISLANDS. 
(Atlantic  Ocean.) 


CELEBES. 
(Malaysia.) 


PART    XLIX. CONSULATES    OF    THE    UNITED    STATES. 


563 


(  KYLOX. 

ilmliiiii   Orenn.) 


CHILE. 
(South   America.) 

Antofagasta. 

Arica, 

Caldera 

Chuquicamola. 

Coquimoo. 

Cruz  Grande. 

Tquique. 

Punta  Arenas. 

Talcahuano. 

Valparaiso. 

CHINA. 

(Asia.) 
Amoy. 

Antung,  Manchuria. 

Canton. 

Changsba. 

Chefoo. 
Chungking. 
Dairen,  Manchuria. 
Foochow. 

Hankow. 

Harbin,    Manchuria. 

Hongkong. 

Mukden.  Manchuria. 

Nanking. 

Shanghai. 

Swatow. 

Tientsin. 

Tsinanfu. 

Tsingtau. 

CHOSEN. 
(Asia.) 


COCHIN  CHINA. 
(Asia.) 

Saigon. 

COLOMBIA. 
(Son  Mi  America.) 

BarranquUla. 
Buenaventura. 

Cartagena. 
Medellin. 
Santa  Mart  a 

COSTA  RICA. 
(Central   America.) 

Port  Limon. 

Punturenas. 
San  Jose. 

CUBA. 
(West    Indies.) 

Antilla. 
Gaibarien. 

Caiman  era. 

Cienfuegos. 

Habana. 

Manzanillo. 

Matanzas. 

Vueva  Gerona,  Isle  of  Pine 

Nuevitas. 

Sagua  la  Grande. 

Santiago  de  Cuba. 

CZECHO-SLOVAKIA. 

Prague,  Bohemia. 


DENMARK. 
(Europe.) 

Aarbus. 

Copenhagen. 

Esbjerg. 

DOMINICAN    REPUBLIC. 
(West    Indies.) 

.1  eua. 

La  Romana. 

Monte  Christ i. 

Puerto  Plata. 

Ranches. 

San    Pi  tiro   ilr    \lucnris. 
Santo  Domingo. 

ECUADOR. 
(Sonth  America.) 

Bahia  de  Caraquez. 
Earner aldae, 
Guayaquil. 

EGYPT. 

[Sei    undo-  Africa.) 

ENGLAND. 

(Enrope.) 

Birmingham. 

Bradford. 

Bristol. 

Hull. 

Jersey,  Channel  Islands 

Leeds. 

Liverpool. 

London. 

Manchester. 

Newcastle-on-Tyne. 

Nottingham. 

Plymouth. 

St.  Helens. 

Sheffield. 

Southampton. 

Stoke-on-Trent. 

West  Hartlepool. 

Weymouth. 

PRANCE. 
(Enrope.) 

Bustin.  Corsica 

Bayonne. 

Biarritz. 

Bordeaux. 

Boulognesur-mer. 

Brest. 

Calais. 

Cette. 

Dieppe. 

Dijon. 

Dunkirk. 

Grenoble. 

Havre. 

La   Rochelle. 

Limoges. 

Lyon. 

Marseille. 

Nantes. 

Nice 

Paris. 

Rouen. 

St.   Btienne. 

si     Vazaire. 

GREECE. 

(Europe.) 

Athens. 
K  (i  I  inn  a  to 
Patras. 
Saloniki. 


GUATEMALA. 
(Central    America.) 

Guatemala. 

Livingston . 

Puerto  Barrios. 

sun  J 084  ill   Guatemala. 

GUIANA. 
(Sontli   America.) 

Georgetown,  British  Guiana. 
Paramaribo.  Dutch  Guiana. 

HAITI. 
t\\"est    Indies.) 

Cape    Maitieu. 
Connives. 

Jacmel. 
Jeremie. 

Port    mi   Prime. 
St.   Mure. 

HONDURAS. 
(Central   America.) 

A  mapala. 

Belize,  British  Honduras. 

Bonacca. 

Ceiba. 

Puerto  Cortes. 

Ronton. 

San  Pedro  8  til  a. 

Tegucigalpa. 

Tela. 

INDIA. 

(Asia.) 

Bombay. 
Calcutta. 

Karachi. 
Madras. 
Rangoon. 

IRELAND. 
(Europe.) 

Belfast. 

Cork. 

Dublin. 

Galway. 

Limerick. 

Londonderry. 


ITALY. 
(Enrope.) 


Catania. 

Florence. 

Genoa. 

Leghorn. 

Milan. 

Naples. 

Palermo. 

Koine. 
Turin. 

Venice. 


JAMAICA. 
(West   Indies.) 


Kingston. 
port  Anton] 


JAPAN. 

(Asia.) 


Fliikoilnti 

Kobe. 

Nagasaki. 

Nagoya 

Yokkaichi. 

Yokohama. 


564 


.NAVIGATION    LAWS   OF   THE   UNITED   STATES. 


JAVA. 
(Malaysia.) 

Batavia. 

Scerabaya. 

KONGO. 

(See  muter  Africa.) 
LIBERIA. 

(See  under  Africa.) 
LOIRENCO    MARQUEZ. 

(See  under  Africa.) 

MADAGASCAR. 
(Indian   Ocean.) 

Tananarive. 

MADEIRA. 
(Atlantic  Ocean.) 

Funchal. 

MALTESE   ISLANDS. 
(Mediterranean  Sea.) 

Malta. 

MEXICO. 
(North  America.) 

Acapulco,  Guerrero. 
Augua  Pricta,  Sonora. 
Aguascalientes,  Aguasealien- 

tes. 
Cananea,  Sonora. 
Chihuahua,   Chihuahua. 
Ciudad  Juraez,  Chihuahua. 
Ensenada.  Lower  California 
Frontera,  Tabasco. 
Guadalajara,  Jalisco. 
Guaiimas,   Sonora. 
Lobos,  Vera  Cruz. 
Los  Mochis.  Shwloa. 
Manzanillo,  Colima. 
Matamoi-as,   Taiuaulipas. 
Mazatlan,   Sinaloa. 
Mexicali,  Lower  California. 
Mexico  City. 
Monterey,  Nuevo  Leon. 
Nogales,  Sonora. 
Nuevo  Laredo,  Tamaulipas. 
Oaxaca,   Oaxaca. 
Parral.  Chihuahua. 
Piedras  Negras,  Coahuila 
Progreso.  Yucatan. 
Puebla.  Puebla. 
Puerto  Mexico,  Vera  Cruz. 
Salina  Cruz,  Oaxaca. 
Saltillo,  Coahuila. 
San   Luis  Potosi,   San   Luis 

Potosi. 
Tampico,  Tamaulipas. 
Ton-eon,  Coahuila. 
Tuxpam,  Vera  Cruz. 
Vera  Cruz,  Vera  Cruz. 

MOROCCO. 

(See  under  Africa.) 
NATAL. 

(See  under  Africa.) 

NETHERLANDS. 
(Europe.) 

Amsterdam. 

Flushing. 

Luxemburg,  Luxemburg 

Rotterdam. 

The  Hague. 


NEW  ZEALAND. 
(Soath    Pacific    Ocean.) 

Auckland. 
Christchurch. 

I)  unrd  in. 
Wellington. 

NICARAGUA. 
(Central  America.) 

Bluefields. 

Corinto. 

Matagalpa. 

NORWAY. 
(Enrope.) 

Bergen. 
Christiania. 
Stavanger. 
Trondhjem. 

ORANGE     RIVER     COL- 
ONY. 

(See  under  Africa.) 

PANAMA. 
(Central  America.) 

Boons  del  Toro. 

Colon. 
Panama. 

PARAGUAY. 
r  Soul  li  America.) 

Asuncion. 

PERSIA. 
(Asia.) 

Tabriz. 
Teheran. 

PERU. 
(South  America.) 

Area  ui  pa. 

Callao. 

Cerro  de  Pasco. 

Mollendo. 

Paita. 

Salaverry. 


PORTUGAL. 
(Enrope.) 

Lisbon. 
Oporto. 

ROIMANIA. 
(Balkan  State,  Enrope.) 

Bucharest. 

RUSSIA. 
(Enrope  and  Asia.) 

Archangel. 

Batum. 

Ekaterinburg . 

Helsingfors,  Finland. 

Irkutsk. 

Moscow. 

Murmansk. 

Odessa. 

Petrograd. 

Riga. 

Tiflis. 

Fiborg. 

Vladivostok,  Siberia. 


SALVADOR. 
(Central   America.) 

San  Salvador. 

SAMOA. 
(Sonth    Pacific   Ocean.) 

Apia. 

SCOTLAND. 
(Europe.) 

A  berdeen. 

Dundee. 

Dunfermline. 

Edinburgh. 

Glasgow. 

Kirkwall. 

Troon. 

SENEGAL. 

(See  under  Africa.) 

SERBIA. 
(Balkan  State,  Europe.) 

Belgrade. 

SIAM. 

(Asia.) 

Bangkok. 

SIBERIA. 

(See  under  Russia.) 

SIERRA  LEONE. 

(See  under  Africa.) 

SOCIETY  ISLANDS. 
(South    Pacific   Ocean.) 

Tahiti. 

SPAIN. 

(Europe.) 

Alicante. 

Barcelona. 

Bilbao. 

Cadiz. 

Gorunna. 

Gibraltar. 

Huelva. 

Madrid. 

Malaga. 

P  alamos. 

Palm  a  de.  Mallorca. 

Santander. 

Seville. 

San  Sebastian. 

Tarragona. 

Valencia. 

Vigo. 

STRAITS    SETTLE- 
MENTS. 
(Islands,  Straits  of 
Malacca.) 


Penang. 
Singapore. 


SUMATRA. 
(Malaysia.) 


SWEDEN. 

(Enrope.) 


Goteborg. 
Malmo. 
Norrkoping. 
Stockholm. 


PART   XLIX.       CONSULATES   OF   THE    UNITED   STATES. 


561 


SWITZERLAND. 

(Europe.) 


Basel. 

Berne. 

Geneva. 

Lausanne. 

Lucerne. 

Lupine. 

St.    Call. 

Zurich. 


TAIWAN. 

{<  Iiinn    Sen.) 


TRANSVAAL. 

(Bee  under  Africa.) 

TRIPOLI. 

(Sec  mirier  Africa.) 

TUNIS. 

(See  under  Africa.) 


i  id  <;r  \i . 
(South   America.) 


VENEZUELA. 
(South  America.) 


Ca  racaa. 
Ciudad  Bolivar. 
La  Guaira. 
Maracaibo. 

Puerto   ('al)elk). 


WALES. 

(Kuropo.) 


Cardiff. 

Swansea. 


WTEST   INDIES. 

(Atlnntie    Oeenn    nntl 
Caribbean   Sea.) 

Barbados. 

Brighton,  Trinidad. 
Cuba    (see  under  Cuba  i. 
Curasao. 


WEST    INDIES— Con. 

i  Atlantic  Oeenn  and 

Caribbean  Sea) — Con. 

Dominican  Republic  I  81  <  un 
di  r  Dominican  Republic  I. 

Frederick8ted,    si.    Croix 
Island. 

Grenada. 

Guadeloupe. 

Haiti   (see  undet    Haiti). 

Jamaica      (see     under    Ja- 
maica ). 

Martinique. 

Nassau,  Bahama  Islands. 

Has, an.  Dominica. 

»s7.  Lucia. 

Trinidad. 

C  O  N  S  ULATES      NOT 
ELSEWHERE   LISTED. 

Aleppo. 

Bagdad. 

Beirut. 

Constantinople. 

Damascus. 

Fiume. 

Jerusalem,  Palestine. 

Smyrna. 

Trebizond. 

Trieste. 


Appendix.— THE  SHIPPING  ACT  (AS  AMENDED)  AND  THE 
EMERGENCY  SHIPPING  ACT,  WITH  OTHER  LAWS  RE- 
LATING TO  THE  SHIPPING  BOARD  AND  EMERGENCY 
FLEET  CORPORATION. 

(Revised  to  Jan.  1,  1919.) 


UNITED  STATES  SHIPPING  ACT,   1916. 

(39  Stat.  L.(  728.) 

Chap.  451.— An  act  to  establish  a  United  States  Shipping  Board  Sept.  7, ,1916. 
for  the  purpose  of  encouraging,  developing,  and  creating  a  lpublic  No. 
naval  auxiliary  and  naval  reserve  and  a  merchant  marine  to  200— 64th  Cong., 
meet  the  requirements  of  the  commerce  of  the  United  States  lsts^s;.  act 
with  its  Territories  and  possessions  and  with  foreign  countries ;  19jG 
to  regulate  carriers  by  water  engaged  in  the  foreign  and  inter- 
state commerce  of  the  United  States ;  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  United  /States  of  America  in  Congress  as- 
sembled, That  when  used  in  this  act : 

The  term  "common  carrier  by  water  in  foreign  com-     Definitions: 

„  .     J  „  ,     a  "  Common  car- 

merce     means  a  common  carrier,  except  terry  boats  run-  rier  by  water  in 
ning  on  regular  routes,  engaged  in  the  transportation  by  m°ra."B  "  c°m* 
water  of   passengers  or   property   between  the   United 
States  or  any  of  its  Districts,  Territories,  or  possessions 
and  a  foreign  country,  whether  in  the  import  or  export 
trade:  Provided,  That  a  cargo  boat  commonly  called  an    £™*°-tramp? 
ocean  tramp  shall  not  be  deemed  such  "common  carrier  excepted. 
by  water  in  foreign  commerce." 

The  term  "common  carrier  by  water  in  interstate  com-ri^c™™™r<«£ 
merce"  means  a  common  carrier  engaged  in  the  trans- interstate     com- 
portation  by  water  of  passengers  or  property  on  the  high  merce/ 
seas  or  the  Great  Lakes  on  regular  routes  from  port  to 
port  between  one  State,  Territory,  District,  or  possession 
of  the  United  States  and  any  other  State,  Territory,  Dis- 
trict, or  possession  of  the  United   States,   or  between 
places  in  the  same  Territory,  District,  or  possession. 

The  term  "  common  carrier  by  water  "  means  a  common  rie^m™^.r- 
carrier  by  water  in  foreign  commerce  or  a  common  carrier 
by  water  in  interstate  commerce  on  the  high  seas  or  the 
Great  Lakes  on  regular  routes  from  port  to  port. 

The  term  "  other  person  subject  to  this  act "  means  any  rtJ2"t0*etE! 
person  not  included  in  the  term  "  common  carrier  by  act." 
water,"  carrying  on  the  business  of  forwarding  or  fur- 
nishing wharfage,  dock,  warehouse,   or  other  terminal 
facilities  in  connection  with  a  common  carrier  by  water. 

The  term   "person"    includes    corporations,   partner-     "  Person." 
ships,  and  associations,  existing  under  or  authorized  by 

5G7 


568  NAVIGATION   LAWS  OF  THE   UNITED  STATES. 

the  laws  of  the  United  States,  or  any  State,  Territory, 
District,  or  possession  thereof,  or  of  any  foreign  country. 
"  Vesse1-"  The  term  "  vessel  "  includes  all  water  craft  and  other 

artificial  contrivances  of  whatever  description  and  at 
whatever  stage  of  construction,  whether  on  the  stocks  or 
launched,  which  are  used  or  are  capable  of  being  or  are 
intended  to  be  used  as  a  means  of  transportation  on 
water. 
"Documented."  The  term  "  documented  under  the  laws  of  the  United 
States,"  means  "  registered,  enrolled,  or  licensed  under 
the  laws  of  the  United  States." 

That  within  the  meaning  of  this  act  no  corporation, 
"citizen    o  f  partnership,  or  association  shall  be  deemed  a  citizen  of 

states."U  n  !  * e  d  the  United  States  unless  the  controlling  interest  therein 
is  owned  by  citizens  of  the  United  States,  and,  in  the  case 
of  a  corporation,  unless  its  president  and  managing  di- 
rectors are  citizens  of  the  United  States  and  the  corpora- 
tion itself  is  organized  under  the  laws  of  the  United 
States  or  of  a  State,  Territory,  District,  or  possession 
thereof. 

tere£ntinUieorp£     ^he  controlling  interest  in  a  corporation  shall  not  be 

rations.'"  deemed  to  be  owned  by  citizens  of  the  United  States  (a) 

if  the  title  to  a  majority  of  the  stock  thereof  is  not  vested 
in  such  citizens  free  from  any  trust  or  fiduciary  obliga- 
tion in  favor  of  any  person  not  a  citizen  of  the  United 
States;  or  (b)  if  the  majority  of  the  voting  power  in  such 
corporation  is  not  vested  in  citizens  of  the  United  States ; 
or  (c)  if  through  any  contract  or  understanding  it  is  so 
arranged  that  the  majority  of  the  voting  power  may  be 
exercised,  directly  or  indirectly,  in  behalf  of  any  person 
who  is  not  a  citizen  of  the  United  States ;  or  (d)  if  by  any 
other  means  whatsoever  control  of  the  corporations  is 
conferred  upon  or  permitted  to  be  exercised  by  any  person 
who  is  not  a  citizen  of  the  United  States. 
Act  to  apply     The  provisions  of  this  act  shall  apply  to  receivers  and 

Bi,gi^retc!rs'  as  trustees  of  all  persons  to  whom  the  act  applies,  and  to 
the  successors  or  assignees  of  such  persons 
Ihi'  3in  Board     That  a  board  is  hereby  created,  to  be  known  as  the 

created"^     "  United  States  Shipping  Board,  and  hereinafter  referred 

to  as  the  board.     The  board  shall  be  composed  of  five 

Appointment  commissioners,  to  be  appointed  bv  the  President,  bv  and 

of,  by  president. with  the  advice  and  consent  of  the  Senate;  said  board 
shall  annually  elect  one  of  its  members  as  chairman  and 
one  as  vice  chairman. 
Terms  of  of-     The  first  commissioners  appointed   shall  continue  in 

flee     of     commis-      „,  „  „  ..         L  r  „  n  , 

sioners.  office  lor  terms  of  two,  three,  tour,  five,  and  six  years, 

respectively,  from  the  date  of  their  appointment,  the 
term  of  each  to  be  designated  by  the  President,  but  their 
successors  shall  be  appointed  for  terms  of  six  years,  ex- 
F-niing  of  va-cept  that  any  person  chosen  to  fill  a  vacancy  shall  be 
appointed  only  for  the  unexpired  term  of  the  commis- 
sioner whom  he  succeeds. 
Qualifications     The  commissioners  shall  be  appointed  with  due  regard 
of  commi8sioner8.  tQ  their  fitness  for  the  efficient  discharge  of  the  duties 


APPENDIX. — SHIPPING    ACT,    L916.  569 

imposed  on  them  by  this  act,  and  to  a   fair  representa- 
tion of  the  geographical  divisions  of  the  country.     Not     Board    to    be 
more  than  three  of  the  commissioners  shall  be  appointed  "°"i",lll"al 
from  the  same  political  party.     No  commissioner  shall 
be  in  the  employ  of  or  hold  any  official  relation  to  any 
common  carrier  by  water  or  other  person  subject  to  this 
act,  or  own  any  stocks  or  bonds  thereof,  or  be  pecuni- 
arily interested  therein.    No  commissioner  shall  actively     coi 
engage  in  any  other  business,  vocation,  or  employment.  ^Sel0^SSSJn 
Any  commissioner  may  be  removed  by  the  President  for     Removal,    va- 
inemciency,  neglect  of  duty,  or  malfeasance  in  office.    Aeanties'  etc- 
vacancy  in  the  board  shall  not  impair  the  right  of  the 
remaining  members  of  the  board  to  exercise  all  its  pow- 
ers.   The  board  shall  have  an  official  seal,  which  shall  be     official  seal, 
judicially  noticed. 

The  board  may  adopt  rules  and  regulations  in  regard  R„ies  of  Pn>- 
to  its  procedure  and  the  conduct  of  its  business.  cedure. 

That  each  member  of  the  board  shall  receive  a  salary    sec.  *. 
of  $7,500  per  annum.    The  board  shall  appoint  a  secre-    Salaries- 
tary,  at  a  salary  of  $5,000  per  annum,  and  employ  and 
fix  the  compensation  of  such  attorneys,  officers,  naval 
architects,  special  experts,  examiners,  clerks,  and  other 
employees  as  it  may  find  necessary  for  the  proper  per- 
formance of  its  duties  and  as  may  be  appropriated  for  by 
the  Congress.     The  President,  upon  the  request  of  the 
board,  may  authorize  the  detail  of  officers  of  the  mili-  ta  °etaaii'](]of  £jj; 
tary,  naval,  or  other  services  of  the  United  States  for  officers  t>  board. 
such  duties  as  the  board  may  deem  necessary  in  connec- 
tion with  its  business. 

With  the  exception  of  the  secretary,  a  clerk  to  each ,_  Employees    to 

„r        .,  ii-ji  t  ibe     under     Civil 

commissioner,  the  attorneys,  naval  architects,  and  such  service.     v.xr,-v. 
special  experts  and  examiners  as  the  board  may  fromtlons- 
time  to  time  find  necessary  to  employ  for  the  conduct  of 
its  work,  all  employees  of  the  board  shall  be  appointed 
from  lists  of  eligibles  to  be  supplied  by  the  Civil  Service 
Commission  and  in  accordance  with  the  civil-service  law. 

The  expenses  of  the  board,  including  necessary  ex-  ho^cu^    ?t* 
penses  for  transportation,  incurred  by  the  members  of  einpi..ye.t'"t„  w 
the  board  or  by  its  employees  under  its  orders,  in  making paicL 
any  investigation,  or  upon  official  business  in  any  other 
place  than  in  the  city  of  Washington,  shall  be  allowed 
and  paid  on  the  presentation  of  itemized  vouchers  there- 
for approved  by  the  chairman  of  the  board. 

Until  otherwise  provided  by  law  the  board  may  rent  Re,lt  ot  offices- 
suitable  offices  for  its  use. 

The  Auditor  for  the   State  and   Other  Departments  fou^1Uin-    ac" 
shall  receive  and  examine  all  accounts  of  expenditures 
of  the  board. 

That  the  board,  with  the  approval  of  the  President,  is  |^r|-  author. 
authorized  to  have  constructed  and  equipped  in  Ameri-  ized '"  to  build, 
can  shipyards  and  navy  yards  or  elsewhere,  giving  pref-  eharte^vKseis.0' 
erence,  other  things  being  equal,  to  domestic-  yards,  or  to  bePref?rv01^  *° 
purchase,  lease,  or  charter,  vessels  suitable,  as  far  as  the  American  yards. 
commercial   requirements   of  the   marine   trade   of  the 


570  NAVIGATION    LAWS   OF   THE    UNITED   STATES. 

^  Navai  auxiiia-  United  States  may  permit,  for  use  as  naval  auxiliaries  or 
Army  transports,  or  for  other  naval  or  military  pur- 
poses, and  to  make  necessary  repairs  on  and  alterations 
Proviso.  of  such  vessels:  Provided,  That  neither  the  board  nor 

to  Rvessds,0boafd  any  corporation  formed  under  section  eleven  in  which 
may  acquire.       the  United  States  is  then  a  stockholder  shall  purchase, 
lease,  or  charter  any  vessel — 

(a)  Which  is  then  engaged  in  the  foreign  or  domestic 
commerce  of  the  United  States,  unless  it  is  about  to  be 
withdrawn  from  such  commerce  without  any  intention 
on  the  part  of  the  owner  to  return  it  thereto  within  a 
reasonable  time; 

(b)  Which  is  under  the  registry  or  flag  of  a  foreign 
country  which  is  then  engaged  in  war; 

(c)  Which  is  not  adapted,  or  can  not  by  reasonable 
alterations  and  repairs  be  adapted  to  the  purposes  speci- 
fied in  this  section ; 

(d)  Which,  upon  expert  examination  made  under  the 
direction  of  the  board,  a  written  report  of  such  exami- 
nation being  filed  as  a  public  record,  is  not  without 
alteration  or  repair  found  to  be  at  least  seventy-five  per 
centum  as  efficient  as  at  the  time  it  was  originally  put 
in  commission  as  a  seaworthy  vessel. 

s,?c-  6.  That  the  President  may  transfer  either  permanently 

Transfer       of  . .       .        n  ...  ,/,  -,  ,  iii  ■ 

war   and   Navy  or  for  limited  periods  to  the  board  such  vessels  belonging 
vessels  to  board.  to  th?  War  Qr  Nayy  Department  as  are  suitable  for  com- 
mercial uses  and  not  required  for  military  or  naval  use  in 
time  of  peace,  and  cause  to  be  transferred  to  the  board 
vessels  owned  by  the  Panama  Railroad  Company  and 
not  required  in  its  business. 
BeCo'a7rd  may     That  the  board,  upon  terms  and  conditions  prescribed 
sen,    lease,    or  by  it  and  approved  by  the  President,  may  charter,  lease, 
charter  its  ves-  ^  gejj  to  any  person>  a  citizen  of  the  United  States,  any 
vessel  so  purchased,  constructed,  or  transferred. 
May8'seii  ves-     That  when  any  vessel  purchased  or  constructed  by  or 
Beis    unfit     for  transferred  to  the  board  as  herein  provided,  and  owned 
by  the  United  States,  becomes,  in  the  opinion  of  the 
board,  unfit  for  the  purposes  of  this  Act,  it  shall  be 
appraised  and  sold  at  public  or  private  competitive  sale 
after  due  advertisement  free   from  the  conditions  and 
restrictions  of  this  act. 
SvCes9seis  ac-     That  any  vessel  purchased,  chartered,  or  leased  from 
quired  from  the  the  board  may  be  registered  or  enrolled  and  licensed,  or 
American  alrS  both  registered  and  enrolled  and  licensed  as  a  vessel  of 
mentand   enr°U"  tne  United  States  and  entitled  to  the  benefits  and  privi- 
meproviso.  leges  appertaining  thereto :  Provided,  That  foreign-built 

vessels  admitted  to  American  registry  or  enrollment  and 
license  under  this  act,  and  vessels  owned,  chartered,  or 
leased  by  any  corporation  in  which  the  United  States  is  a 
stockholder,' and  vessels  sold,  leased,  or  chartered  to  any 
person  a  citizen  of  the  United  States,  as  provided  in  this 
eoa£wiwgtndin act'  ma^  engage  in  the  coastwise  trade  of  the  United 
States  while  owned,  leased,  or  chartered  by  such  a  person. 


APPENDIX. — SHIPPING   ACT,   1916.  .r>71 

Every  vessel  purchased,  chartered,  or  leased  from  the  at^ay nlbye  ;;/;;;; 
board  shall,  unless  otherwise  authorized  by  the  board,  American    docu 
be  operated  only  under  such  registry  or  enrollment  and 
License.    Such  vessels  while  employed  solely  as  merchant 
vessels  shall  be  subject  to  all  laws,  regulations,  and  lia-  tlJj^ne "j^0 
bilities  governing  merchant  vessels,  whether  the  United 
States  be  interested  therein   as  owner,   in   whole  or   in 
part,  or  hold  any  mortgage,  lien,  or  other  interest  therein. 
No  such  vessel,  without  the  approval  of  the  board,  shall  tra^£?cttons on 
be  transferred  to  a  foreign  registry  or  flag,  or  sold;  nor, 
except  under  regulations  prescribed  by  the   board,   be 
chartered  or  leased. 

No  vessel  documented  under  the  laws  of  the  United     Restrictions  on 
States  or  owned  by  any  person  a  citizen  of  the  United  ranted  vessels?" 
States  or  by  a  corporation  organized  under  the  laws  of 
the  United  States  or  of  any  State,  Territory,  District, 
or  possession  thereof,  except  one   which  the  board   is 
prohibited  from  purchasing,  shall  be  sold  to  any  person     vessels    mav 
not  a  citizen  of  the  United  States  or  transferred  to  or  foreig^rs^uniess 
placed  under  a  foreign  registry  or  flag,  unless  such  vessel  first  tendered  to 
is  first  tendered  to  the  board  at  the  price  in  good  faith  ,OJ 
offered  by  others,  or,  if  no  such  offer,  at  a  fair  price  to 
be  determined  in  the  manner  provided  in  section  ten. 

Any  vessel  sold,  chartered,  leased  transferred  to  or  Penalties, 
placed  under  a  foreign  registry  or  flag,  or  operated  in 
violation  of  any  provision  of  this  section  shall  be  for- 
feited to  the  United  States,  and  whoever  violates  any 
provision  of  this  section  shall  be  guilty  of  a  misdemeanor 
and  subject  to  a  fine  of  not  more  than  $5,000  or  to  im- 
prisonment for  not  more  than  five  years,  or  both. 

That  the  President,  upon  giving  to  the  person  inter-     fep-  10- . 

,       n  ,  ,   ,     '         i    .  *?  "...  r.         ,    .         .       -,  Seizure   «.r   ve*- 

ested  such  reasonable  notice  in  writing  as  in  his  judg-seis  by  President 
ment  the  circumstances  permit,  may  take  possession,  ab-  [^vai"  um'."  y  or 
solutely  or  temporarily,  for  any  naval  or  military  pur- 
pose, of  any  vessel  purchased,  leased,  or  chartered  from 
the  board:  Provided,  That  if,  in  the  judgment  of  the 
President,  an  emergency  exists  requiring  such  action  he 
may  take  possession  of  any  such  vessel  without  notice. 

'Thereafter,  upon  ascertainment  by  agreement  or  other-  compensation 
wise,  the  United  States  shall  pay  the  person  interested  seW** 
the  fair  actual  value  based  upon  normal  conditions  at  the 
time  of  taking  of  the  interest  of  such  person  in  every  ves- 
sel taken  absolutely,  or  if  taken  for  a  limited  period,  the 
fair  charter  value  under  normal  conditions  for  such 
period.  In  case  of  disagreement  as  to  such  fair  value 
it  shall  be  determined  by  appraisers,  one  to  be  appointed 
by  the  board,  one  by  the  person  interested,  and  a  third 
by  the  two  so  appointed.  The  finding  of  such  appraisers 
shall  be  final  and  binding  upon  both  parties. 

That  the  board,  if  in  its  judgment  such  action  is  f^iVion  by 
necessary  to  carry  out  the  purposes  of  this  act,  mayboard  oi  >  >. 
form  under  the  laws  of  the  District  of  Columbia  on^or:.::;™;:;;1'1'^ 
more  corporations  for  the  purchase,  construction,  equip- tlloliz"1- 


572  NAVIGATION   LAWS   OF   THE   UNITED  STATES. 

ment,  lease,  charter,  maintenance,  and  operation  of  iner- 
ownereMty  B<by cnant  vessels  in  the  coninierce  of  the  United  States.  The 
united  statestotal  capital  stock  thereof  shall  not  exceed  $50,000,000. 

forbidden.  The  board  may>  f()r  ftnd  Qn  behajf  of  the  United   gtateS, 

subscribe  to,  purchase,  and  vote  not  less  than  a  majority 
of  the  capital  stock  of  any  such  corporation,  and  do  all 
other  things  in  regard  thereto  necessary  to  protect  the 
interests  of  the  United  States  and  to  carry  out  the  pur- 
saie  of  stock,  poses  of  this  act.  The  board,  with  the  approval  of  the 
President,  may  sell  any  or  all  of  the  stock  of  the  United 
States  in  such  corporation,  but  at  no  time  shall  it  be  a 
Proviso.  minority  stockholder  therein :  Provided,  That  no  corpo- 

ra1 u^f™!  ™tion    in   which   the   United   States   is   a   stockholder, 
able  to  sen, formed  under  the  authority  of  this  section,  shall  engage 
them  t£  private  in  the  operation  of  any  vessel  constructed,  purchased, 
corporations.       leased,  chartered,  or  transferred  under  the  authority  of 
this  act  unless  the  board  shall  be  unable,  after  a  bona 
fide  effort,  to  contract  with  any  person  a  citizen  of  the 
United  States  for  the  purchase,  lease,  or  charter  of  such 
vessel  under  such  terms  and  conditions  as  may  be  pre- 
scribed by  the  board, 
ves^f  to^pri-     Tne  board  shall  give  public  notice  of  the  fact  that  ves- 
vate   capital    in  sels  are  offered  and  the  terms  and  conditions  upon  which 
pubhc    competi-  ^  contract  will  be  made,  and  shall  invite  competitive 
offerings.    In  the  event  the  board  shall,  after  full  com- 
pliance with  the  terms  of  this  proviso,  determine  that  it 
p  cs°dn sent  °f  *s  ima°le  t°  enter  into  a  contract  with  such  private  parties 
erationnoi  °ships  f or  the  purchase,  lease,  or  charter  of  such  vessel,  it  shall 
uLTequhT™" make  a  ful1  report  to  the  President,  who  shall  examine 
such  report,  and  if  he  shall  approve  the  same  he  shall 
make  an  order  declaring  that  the  conditions  have  been 
found  to  exist  which  justify  the  operation  of  such  vessel 
by  a  corporation  formed  under  the  provisions  of  this 
section. 
ration's  Hmked.0'     At  the  expiration  of  five  years  from  the  conclusion  of 
the  present  European  war  the  operation  of  vessels  on  the 
part  of  any  such  corporation  in  which  the  United  States 
is  then  a  stockholder  shall  cease  and  the  said  corporation 
stand  dissolved.    The  date  of  the  conclusion  of  the  war 
shall  be  declared  by  proclamation  of  the  President.    The 
vessels  and  other  property  of  any  such  corporation  shall 
ro^n^on  d"is- rever*  to  the  board.    The  board  may  sell,  lease,  or  char- 
soiution.  ter  such  vessels  as  provided  in  section  seven  and  shall 

dispose  of  the  property  other  than  vessels  on  the  best 
available  terms  and,  after  payment  of  all  debts  and  obli- 
gations, deposit  the  proceeds  thereof  in  the  Treasury  to 
u  Boaorutstandine ^s  credit.    All  stock  in  such  corporations  owned  by  others 
stock.°u  s      insthan  the  United  States  at  the  time  of  dissolution  shall  be 
taken  over  by  the  board  at  a  fair  and  reasonable  value 
^compensation  an(j  pai^  for  with  funds  to  the  credit  of  the  board.    In 
case  of  disagreement,  such  value  shall  be  determined  in 
the  manner  provided  in  section  ten. 
!n°vMt:  ations     That  the  board  shall  investigate  the  relative  cost  of 
by  board.  building  merchant  vessels  in  the  United  States  and  in 


APPENDIX. — SHIPPING    ACT,    1916.  573 

foreign  maritime  countries,  and  the  relative  cost,  ad-jjjjg^01  shi'J- 
vantages,  and  disadvantages  of  operating  in  the  foreign    ^^  o{  ^ 
trade  vessels  under  United  States  registry  and  under  for- struct;™  °  aTd 
eign  registry.     It  shall  examine  the  rules  under  which <lassi,icati0"- 
vessels  are  constructed  abroad  and  in  the  United  States, 
and  the  methods  of  classifying  and  rating  same,  and  it- 
shall  examine  into  the  subject  of  marine  insurance,  the 
number  of   companies   in   the   United    States,   domestic 
and  foreign,  engaging  in  marine  insurance,  the  extent  of     Marjne   insur 
the  insurance  on  hulls  and  cargoes  placed  or  written  inan«. 
the  United  States,  and  the  extent  of  reinsurance  of  Ameri- 
can maritime  risks  in  foreign  companies,  and  ascertain 
what  steps  may  be  necessary  to  develop  an  ample  marine 
insurance  system  as  an  aid  in  the  development  of  an 
American  merchant  marine.    It  shall  examine  the  navi- ^Navigation 
gation  laws  of  the  United  States  and  the  rules  and  regu-  aw 
lations  thereunder,  and  make  such  recommendations  to 
the  Congress  as  it  deems  proper  for  the  amendment,  im- 
provement, and  revision  of  such  laws,  and  for  the  devel- 
opment of  the  American  merchant  marine.    It  shall  in-  gagvees*sel     mort- 
vestigate  the  legal  status  of  mortgage  loans  on  vessel 
property,  with  a  view  to  means  of  improving  the  security 
of  such  loans  and  of  encouraging  investment  in  American 
shipping. 

It  shall,  on  or  before  the  first  day  of  December  in  each     Annual  report 

-     and 


year,  make  a  report  to  the  Congress,  which  shall  include  dations  to  con- 
its  recommendations  and  the  results  of  its  investigations, gress- 
a  summary  of  its  transactions,  and  a  statement  of  all 
expenditures  and  receipts  under  this  act,  and  of  the  oper- 
ations of  any  corporation  in  which  the  United  States  is  a 
stockholder,  and  the  names  and  compensation  of  all  per- 
sons employed  by  the  board. 

That  for  the  purpose  of  carrying  out  the  provisions  of    5^,**      of 
sections  five  and  and  eleven  no  liability  shall  be  incurred  $50,000,000     of 
exceeding  a  total  of  $50,000,000,  and  the  Secretary  of  the  bo>TaauthoSed! 
Treasury,  upon  the  request  of  the  board,  approved  by  the 
President,  shall  from  time  to  time  issue  and  sell  or  use 
any  of  the  bonds  of  the  United  States  now  available  in  u%*  xJjfioit" 
the  Treasury  under  the  acts  of  August  fifth,  nineteen 
hundred  and  nine,  February  fourth,  nineteen  hundred 
and  ten,  and  March  second,  nineteen  hundred  and  eleven, 
relating  to  the  issue  of  bonds  for  the  construction  of 
the  Panama   Canal,  to   a  total   amount  not  to  exceed 
$50,000,000:  Provided,  That  any  bonds  issued  and  sold    ^0VJLS0- avable 
or  used  under  the  provisions  of  this  section  may  be  made  within  50  years. 
payable  at  such  time  within  fifty  years  after  issue  as  the 
Secretary  of  the  Treasury  may  fix,  instead  of  fifty  years 
after  the  date  of  issue,  as  prescribed  in  the  act  of  August 
fifth,  nineteen  hundred  and  nine. 

The  proceeds  of  such  bonds  and  the  net  proceeds  of  all  J^^f  b0|r<! 
sales,  charters,  and  leases  of  vessels  and  of  sales  of  stock  propdated." 
made  by  the  board,  and  all  other  moneys  received  by  it 
from  any  source,  shall  be  covered  into  the  Treasury  to  the 


574  NAVIGATION   LAWS  OF  THE   UNITED  STATES. 

credit  of  the  board,  and  are  hereby  permanently  appro- 
priated for  the  purpose  of  carrying  out  the  provisions  of 
sections  five  and  eleven. 
n6o  "common     That  no  common  carrier  by  water  shall  directly  or 

carrier     by     wa-  indirectly 

teTo~  give  defer-      First.  Pay,  or  allow,  or  enter  into  any  combination. 

red  rebates.  agreement,  or  understanding,  express  or  implied,  to  pay 
or  allow,  a  deferred  rebate  to  any  shipper.  The  term 
"  deferred  rebate  "  in  this  act  means  a  return  of  any 
portion  of  the  freight  money  by  a  carrier  to  any  shipper 
as  a  consideration  for  the  giving  of  all  or  any  portion  of 
his  shipments  to  the  same  or  any  other  carrier,  or  for  any 
other  purpose,  the  payment  of  which  is  deferred  beyond 
the  completion  of  the  service  for  which  it  is  paid,  and  is 
made  only  if,  during  both  the  period  for  which  computed 
and  the  period  of  deferment,  the  shipper  has  complied 
with  the  terms  of  the  rebate  agreement  or  arrangement. 

.to  use  "fight-  Second.  Use  a  fighting  ship  either  separately  or  in 
conjunction  with  any  other  carrier,  through  agreement 
or  otherwise.  The  term  "  fighting  ship  "  in  this  act  means 
a  vessel  used  in  a  particular  trade  by  a  carrier  or  group 
of  carriers  for  the  purpose  of  excluding,  preventing,  or 
reducing  competition  by  driving  another  carrier  out  of 
said  trade. 

a  Ta°i  n  sT^lfnv      Third.  Ketaliate  against  any  shipper  by  refusing,  or 

shipper? s  n>  threatening  to  refuse,  space  accommodations  when  such 
are  available,  or  resort  to  other  discriminating  or  unfair 
methods,  because  such  shipper  has  patronized  any  other 
carrier  or  has  filed  a  complaint  charging  unfair  treat- 
ment, or  for  any  other  reason. 

na^un-uafl^or      Fourth.  Make  any  unfair  or  unjustly  discriminatory 

unfairly.  *  '  contract  with  any  shipper  based  on  the  volume  of  freight 
offered,  or  unfairly  treat  or  unjustly  discriminate  against 
■dny  shipper  in  the  matter  of  (a)  cargo  space  accommoda- 
tions or  other  facilities,  due  regard  being  had  for  the 
proper  loading  of  the  vessel  and  the  available  tonnage; 
(b)  the  loading  and  landing  of  freight  in  proper  condi- 
tion; or  (c)  the  adjustment  and  settlement  of  claims. 
penalty.  Any  carrier  who  violates  any  provision  of  this  section 

shall  be  guilty  of  a  misdemeanor  punishable  by  a  fine  of 
not  more  than  $25,000  for  each  offense. 
see.  is.  That  every  common  carrier  by  water,  or  other  person 

Musteibentmed  subject  to  this  act,  shall  file  immediately  with  the  board 

tMs^c^Vpue™  a  true  C0Py?  or5  ^  oral>  a  true  and  complete  memorandum, 
of  every  agreement  with  another  such  carrier  or  other 
person  subject  to  this  act,  or  modification  or  cancellation 
thereof,  to  which  it  may  be  a  party  or  conform  in  whole 
or  in  part,  fixing  or  regulating  transportation  rates  or 
fares;  giving  or  receiving  special  rates,  accommodations, 
or  other  special  privileges  or  advantages;  controlling, 
regulating,  preventing,  or  destroying  competition;  pool- 
ing or  apportioning  earnings,  losses,  or  traffic;  allotting 
ports  or  restricting  or  otherwise  regulating  the  number 


APPENDIX. — SHIPPING  ACT,   1916.  575 

and  character  of  sailings  between  ports;  limiting  or  reg- 
ulating in  any  way  the  volume  or  character  of  freight  or 
passenger  traffic  to  be  carried;  or  in  any  manner  pro-  understand- 
riding  for  an  exclusive,  preferential,  or  cooperative  .{;■«■•  ejgf ■"■;;• 
working  arrangement.  The  term  "agreement"  in  this raiwemente  in- 
section  includes  understandings,  conferences,  and  other ««Sgreement."enn 
arrangements. 

The  board  may  by  order  disapprove,  cancel,  or  mod- pn^r,;:;; ;;',,l;1  \ti 
ify  any  agreement,  or  any  modification  or  cancellation mod'ify   any 
thereof,    whether    or    not    previously    approved    by    it,agreen 
that  it  finds  to  be  unjustly  discriminatory  or  unfair  as 
between  carriers,  shippers,  exporters,  importers,  or  ports, 
or  between  exporters  from  the  United  States  and  their 
foreign  competitors,  or  to  operate  to  the  detriment  of 
the  commerce  of  the  United  States,  or  to  be  in  viola-    Must   approve 
tion  of  this  act,  and  shall  approve  all  other  agreements,3    °  erBl 
modifications,  or  cancellations. 

Agreements  existing  at  the  time  of  the  organization  of    E^jngagree- 
the  board  shall  be  lawful  until  disapproved  by  the  board. me 
It  shall  be  unlawful  to  carry  out  any  agreement  or  any 
portion  thereof  disapproved  by  the  board. 

All  agreements,  modifications,  or  cancellations  madefe  One^approved 
after  the  organization  of  the  board  shall  be  lawful  only  lawful" 
when  and  as  long  as  approved  by  the  board,  and  before 
approval  or  after  disapproval  it  shall  be  unlawful  to 
carry  out  in  whole  or  in  part,  directly  or  indirectly,  any 
such  agreement,  modification,  or  cancellation. 

Every  agreement,  modification,  or  cancellation   law-     ones  approved 
ful  under  this  section  shall  be  excepted  from  the  provi- antitrust  laws."1 
sions  of  the  act  approved  July  second,  eighteen  hun- 
dred and  ninety,  entitled  "  An  act  to  protect  trade  and  2q|g  s  t  a  t.  l., 
commerce  against  unlawful  restraints  and  monopolies,"     28  stat.  i.., 
and  amendments  and  acts  supplementary  thereto,  and570- 
the  provisions  of  sections  seventy-three  to  seventy-seven, 
both   inclusive,   of  the   act   approved   August  twenty- 
seventh,  eighteen  hundred  and  ninety-four,  entitled  "An^  stat.  i.., 
act  to  reduce  taxation,  to  provide  revenue  for  the  Govern-  6s8  stat.  i ... 
ment,  and   for  other  purposes,"  and   amendments  and780- 
acts  supplementary  thereto. 

Whoever  violates  any  provision  of  this  section  shall  fa.]pJ™alt>0  f°£ 
be  liable  to  a  penalty  of  $1,000  for  each  clay  such  viola-  agreements0. 
tion  continues,  to  be  recovered  by  the  United  States  in 
a  civil  action. 

That  it  shall  be  unlawful  for  any  common  carrier,    |^-c106-mmon 
by  water,  or  other  person  subject  to  this  act,  either  alone  ,  arrle/by 'water" 
or  in  conjunction  with  any  other  person,  directly  or  in- 
directly— 

First.  To  make  or  give  any  undue  or  unreasonable    to  give  undue 
preference  or  advantage  to  any  particular  person,  local- vantage?*  * 
ity,  or  description  of  traffic  in  any  respect  whatsoever, 
or  to  subject  any  particular  person,  locality,  or  descrip- 
tion of  traffic  to  any  undue  or  unreasonable  prejudice  or 
disadvantage  in  any  respect  whatsoever, 


576  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

,,„ !n,s  "sa„,i,nfde-      Second.  To  allow  any  person  to  obtain  transportation 
vices   to   obtain  for  property  at  less  than  the  regular  rates  then  estab- 
tc'  lished   and   enforced   on   the  line   of  such   carrier,   by 
means  of  false  billing,  false  classification,  false  weighing, 
false  report  of  weight,  or  by  any  other  unjust  or  unfair 
device  or  means. 
to    influence     Third.  To  induce,  persuade,  or  otherwise  influence  any 
"mpam"s'toadis!  marine    insurance    company    or    underwriter,    or    agent 
criminate.  thereof,  not  to  give  a  competing  carrier  by   water  as 

favorable  a  rate  of  insurance  on  vessel  or  cargo,  having 
due  regard  to  the  class  of  vessel  or  cargo,  as  is  granted 
to  such  carrier  or  other  person  subject  to  this  act. 
sec.  17.  That  no  common  carrier  by  water  in  foreign  com- 

riersmiTnfo°reign  merce  shall  demand,  charge,  or  collect  any  rate,  fare, 
commerce.  or  charge  which  is  unjustly  discriminatory  between  ship- 

pers or  ports,  or  unjustly  prejudicial  to  exporters  of 
the  United  States  as  compared  with  their  foreign  com- 
petitors.    Whenever  the  board  finds  that  any  such  rate. 
Not  to  charge  fare,  or  charge  is  demanded,  charged,  or  collected  it  may 
rates r ' "r1  "raTes alter  the  same  to  the  extent  necessary  to  correct  such 
Ame'dcan1    e^ lm J lls^  discrimination  or  prejudice  and  make  an  order 
porters.  that  the  carrier  shall  discontinue  demanding,  charging, 

or  collecting  any  such  unjustly  discriminatory  or  preju- 
dicial rate,  fare,  or  charge. 
Must    observe     Every  such  carrier  and  every  other  person  subject  to 
tT^eT  connected  this  act  shall  establish,  observe,  and  enforce  just  and 
eTc.t,hofhfreigh"s'  reasonable  regulations  and  practices  relating  to  or  con- 
nected with  the  receiving,  handling,  storing,  or  deliver- 
ing of  property.     Whenever  the  board  finds  that  any 
such  regulation  or  practice  is  unjust  or  unreasonable  it 
may  determine,  prescribe,  and  order  enforced  a  just  and 
reasonable  regulation  or  practice, 
sec.  is.  That  every  common  carrier  by  water  in  interstate  com- 

rie?s°m  hi°n  inter-  merce    shall   establish,   observe,    and    enforce    just    and 
staMusCt°mXs1eCr\-e  reasonable  rates,  fares,  charges,  classifications,  and  tariffs, 
:ust  and  reason-  and  just  and  reasonable  regulations  and  practices  relat- 
tionvratesffaret"  ing  thereto  and  to  the  issuance,  form,  and  substance  of 
practices,  etc.     tickets,  receipts,  and  bills  of  lading,  the  manner  and 
method  of  presenting,  marking,  packing,  and  delivering 
property  for  transportation,  the  carrying  of  personal, 
sample,  and  excess  baggage,  the  facilities  for  transporta- 
tion, and  all  other  matters  relating  to  or  connected  with 
the   receiving,   handling,   transporting,   storing,   or  de- 
livering of  propeily. 
tatefci"1".™     Every  such  carrier  shall  file  with  the  board  and  keep 
to  ebe  filed'  wittl open  to  public  inspection,  in  the  form  and  manner  and 
optndtoanpubiic?twithin  the  time  prescribed  by  the  board,  the  maximum 
rates,  fares,  and  charges  for  or  in  connection  with  trans- 
portation between  points  on  its  own  route;   and   if  a 
through  route  has  been  established,  the  maximum  rates, 
fares,  and  charges  for  or  in  connection  with  transporta- 
tion between  points  on  its  own  route  and  points  on  the 
route  of  any  other  carrier  by  water. 


APPENDIX. — SHIPPING  ACT,   1916.  577 

No  such  carrier  shall  demand,  charge,  or  collect  a hi*j*  t0 /J"1** 
greater  compensation  for  such  transportation  than  the  than  those  aied. 
rates,  fares,  and  charges  filed  in  compliance  with  this 
section,  except  with  the  approval  of  the  board  and  after 
ten  days'  public  notice  in  the  form  and  manner  pre- 
scribed" by  the  board,  stating  the  increase  proposed  to 
be  made;  but  the  board  for  good  cause  shown  may  waive 
such  notice. 

Whenever  the  board  finds  that  any  rate,  fare,  charge,  Jjg?*2%2fi* 
classification,  taritf,  regulation,  or  practice,  demanded, maximum   rates, 
charged,  collected,  or  observed  by  such  carrier  is  unjust  "u 
or  unreasonable,  it  may  determine,  prescribe,  and  order 
enforced  a  just  and  reasonable  maximum  rate,  fare,  or 
charge,  or  a  just  and   reasonable   classification,   tariff, 
regulation,  or  practice. 

That  whenever  a  common  carrier  by  water  in  inter-    SSwciion  on 
state  commerce  reduces  its  rates  on  the  carriage  of  any  increase  of  rates 
species  of  freight  to  or  from  competitive  points  below  a  outTomJetito"! e 
fair  and  remunerative  basis  with  the  intent  of  driving 
out  or  otherwise  injuring  a  competitive  carrier  by  water, 
it  shall  not  increase  such  rates  unless  after  hearing  the 
board    finds    that    such    proposed    increase    rests    upon 
changed  conditions  other  than  the  elimination  of  said 
competition. 

That  it  shall  be  unlawful  for  any  common  carrier  by    Sec-  20- 
water  or  other  person  subject  to  this  act,  or  any  officer,  re- 
ceiver, trustee,  lessee,  agent,  or  employee  of  such  carrier  or 
person,  or  for  any  other  person  authorized  by  such  carrier 
or  person  to  receive  information,  knowingly  to  disclose  detrimental*  ^o 
to  or  permit  to  be  acquired  by  any  person  other  than  the*ipp«j>r  jor.- 
shipper  or  consignee,  without  the  consent  of  such  ship-  disclosed,   soiic- 
per  or  consignee,  any  information  concerning  the  nature, lted>  etc- 
kind,  quantity,  destination,  consignee,  or  routing  of  any 
property  tendered  or  delivered  to  such  common  carrier  or 
other  person  subject  to  this  act  for  transportation  in 
interstate  or  foreign  commerce,  which  information  may 
be  used  to  the  detriment  or  prejudice  of  such  shipper  or 
consignee,  or  which  may  improperly  disclose  his  business 
transactions  to  a  competitor,  or  which  may  be  used  to 
the  detriment  or  prejudice  of  any  carrier;  and  it  shall 
also  be  unlawful  for  any  person  to  solicit  or  knowingly 
receive  any  such  information  which  may  be  so  used.  ^f 

Nothing  in  this  act  shall  be  construed  to  prevent  the  forrnati!m  on  ie- 
giving  of  such  information  in  response  to  any  legal  proc-  sal  Process>  etc- 
ess  issued  under  the  authority  of  any  court,  or  to  any 
officer  or  agent  of  the  Government  of  the  United  States, 
or  of  any  State,  Territory,  District,  or  possession  thereof, 
in  the  exercise  of  his  powers,  or  to  any  officer  or  other 
duly  authorized  person  seeking  such  information  for  the 
prosecution   of   persons   charged   with   or  suspected   of 
crime,  or  to  another  carrier,  or  its  duly  authorized  agent,    i  n    adjusting 
for  the  purpose  of  adjusting  mutual  traffic  accounts  inertfc    accounts' 
the  ordinary  course  of  business  of  such  carriers. 
143562°— 19 37 


578  NAVIGATION   LAWS   OF  THE   UNITED  STATES. 

FiHn  21of  re-  That  the  board  may  require  any  common  carrier  by 
ports,"18  records",  water,  or  other  person  subject  to  this  act,  or  any  officer, 
hetr™qu&dmoyf receiver,  trustee,  lessee,  agent,  or  employee  thereof, 
any  person  Mib-t()  fi]e  w^h  it  anv  periodical  or  special  report,  or  any 

jeit    to   the   act  t         J a  l  1  J-C 

account,  record,  rate,  or  charge,  or  any  memorandum  ot 
any  facts  and  transactions  appertaining  to  the  business 
of  such  carrier  or  other  person  subject  to  this  act.    Such 
report,   account,  record,  rate,  charge,  or  memorandum 
shall  be  under  oath  whenever  the  board  so  requires,  and 
shall  be  furnished  in  the  form  and  within  the  time  pre-' 
fJu;rea[o  fliefor  scribed  by  the  board.    Whoever  fails  to  file  any  report, 
account,   record,   rate,   charge,  or   memorandum   as   re- 
quired by  this  section  shall  forfeit  to  the  United  States 
the  sum  of  $100  for  each  day  of  such  default. 
finSna,faisef?e-     Whoever    willfully    falsifies,    destroys,    mutilates,    or 
ports,  etc.  alters  any  such  report,  account,  record,  rate,  charge,  or 

memorandum,  or  willfully  files  a  false  report,  account, 
record,  rate,  charge,  or  memorandum  shall  be  guilty  of  a 
misdemeanor,  and  subject  upon  conviction  to  a  fine  of 
not  more  than  $1,000,  or  imprisonment  for  not  more  than 
one  year,  or  to  both  such  fine  and  imprisonment. 
??e-  V--  t     t     That  any  person  may  file  with  the  board  a  sworn  cdm- 

(  omplaint    of.  J    r  J  ...  /..l'  j-i 

any     violation  plaint  setting  forth  any  violation  of  this  act  by  a  com- 
alf/  peersoned  ^mon  carrier  by  water,  or  other  person  subject  to  this  act, 
and   asking  reparation   for  the   injury,   if  any,  caused 
thereby.    The  board  shall  furnish  a  copy  of  the  complaint 
to  such  carrier  or  other  person,  who  shall  within  a  reason- 
able time  specified  by  the  board,  satisfy  the  complaint  or 
answer  it  in  writing.    If  the  complaint  is  not  satisfied  the 
Remedy    f  o  r  board  shall,  except  as  otherwise  provided  in  this  act,  in- 
vioiations.  vestigate  it  in  such  manner  and  by  such  means,  and  make 

such  order  as  it  deems  proper.  The  board,  if  the  com- 
plaint is  filed  within  two  years  after  the  cause  of  action 
accrued,  may  direct  the  payment,  on  or  before  a  day 
named,  of  full  reparation  to  the  complainant  for  the 
injury  caused  by  such  violation. 
by'bJirdS^S  Tne  board,  upon  its  own  motion,  may  in  like  manner 
motion.  .md.  except  as  to  orders  for  the  payment  of  money,  with 

the  same  powers,  investigate  any  violation  of  this  act. 
ordure    of     Orders  of  the  board  relating  to  any  violation  of  this 
board'.'  act  shall  be  made  only  after  full  hearing,  and  upon  a 

sworn  complaint  or  in'  proceedings  instituted  of  its  own 
motion. 

All  orders  of  the  board  other  than  for  the  payment  of 

money  made  under  this  act  shall  continue  in  force  for 

such  time,  not  exceeding  two  years,  as  shall  be  prescribed 

therein  by  the  board,  unless  suspended,  modified,  or  set 

aside  by  the  board  or  any  court  of  competent  jurisdiction. 

swritten     re-     That  tne  board  shall  enter  of  record  a  written  report 

i„„t<noin  hear- of  every  investigation  made  under  this  act  in  which  a 

ings  to  be  kppt- iiearing  iias  been  held,  stating  its  conclusions,  decision. 

and  order,  and,  if  reparation  is  awarded,  the  findings  of 

fact  on  which  the  award  is  made,  and  shall  furnish  a  copy 

of  such  report  to  all  parties  to  the  investigation. 


APPENDIX. — SHIPPING    ACT,    1916.  579 

The  board  may  publish  such  reports  in  the  form  best  M  ewdence?porta 
adapted  for  public  information  and  use,  and  such  author- 
ized publications  shall,  without  further  proof  or  authenti- 
cation, be  competent  evidence  of  such  reports  in  all  courts 
of  the  United  States  and  of  the  States,  Territories,  Dis- 
tricts,  and  possessions  thereof. 

That  the  board  may  reverse,  suspend,  or  modify,  upon    sec,  25. 
such  notice  and  in  such  manner  as  it  deems  proper,  any  reverse! '  !no,i','tv, 
order  made  by  it.     Upon  application  of  any  party  togSkSSrfS! 
a  decision  or  order  it  may  grant  a  rehearing  of  the  same 
or  any  matter  determined  therein,  but  no  such  applica- 
tion for  or  allowance  of  a  rehearing  shall,  except  by 
special  order  of  the  board,  operate  as  a  stay  of  such 
order. 

The  board  shall  have  power,  and  it  shall  be  its  duty    sec.  26. 
whenever  complaint  shall  be  made  to  it,  to  investigate  djUcHmlmtioni 
the  action  of  any  foreign  Government  with  respect  toJ^^f^S^S 
the  privileges  afforded  and  burdens  imposed  upon  ves- American   ves- 
sels of  the  United  States  engaged  in  foreign  trade  when- sels' 
eyer  it  shall  appear  that  the  laws,  regulations,  or  prac- 
tices  of    any    foreign    Government    operate   in   such   a 
manner  that  vessels  of  the  United  States  are  not  ac- 
corded equal  privileges  in  foreign  trade  with  vessels  of 
such    foreign    countries    or    vessels    of    other    foreign 
countries,    either    in   trade    to    or    from    the    ports    of 
such    foreign    country    or    in    respect  of  the    passage 
or   transportation    through    such    foreign    country    of 
passengers   or  goods   intended   for   shipment  or  trans- 
portation in  such  vessels  of  the  United   States,  either 
to    or    from    ports    of   such    foreign    country    or  to  or 
from  ports  of  other  foreign  countries.     It  shall  be  the  0rt°a0'nd  toh  re' 
duty  of  the  board  to  report  the  results  of  its  investiga-  Fresid°ent.suc    to 
tion  to  the  President  with  its  recommendations  and  the 
President  is  hereby  authorized  and  empowered  to  secure 
by  diplomatic  action  equal  privileges  for  vessels  of  the 
United  States  engaged  in  such  foreign  trade.     And  if b  President    to 
by  such  diplomatic  action  the  President  shall  be  unable  privileges6  qf  St 
to  secure  such  equal  privileges  then  the  President  shall  American  V(^ls- 
advise  Congress  as  to  the  facts  and  his  conclusions  by 
a   special  message,  if  deemed  important  in  the  public 
interest,    in    order    that    proper    action    may    be    taken  • 
thereon. 

That  for  the  purpose  of  investigating  alleged  viola-    Sec-  27 
tions  of  this  act,  the  board  may  by  subpoena  compel  thepceS 
attendance  of  witnesses  and  the  production  of  books, etc- 
papers,  documents,  and  other  evidence  from  any  place  in 
the  United  States  at  any  designated  place  of  hearing. 
Subpoenas  may  be  signed  by  any  commissioner,  and  oaths 
or  affirmations  may  be  administered,  witnesses  examined, 
and  evidence  received  by  any  commissioner  or  examiner, 
or,  under  the  direction  of  the  board,  by  any  person  author- 
ized under  the  laws  of  the  United  States  or  of  any  State, 
Territory,  District,  or  possession  thereof  to  administer 
oaths.    Persons  so  acting  under  the  direction  of  the  board) 


Power   to   sub- 
witnesses. 


580  NAVIGATION   LAWS   OF    THE   UNITED   STATES. 

Fees   of  wit-  alu|  witnesses  shall,  unless  employees  of  the  board,  be 
entitled  to  the  same  fees  and  mileage  as  in  the  courts  of 
BuKnasement ' 'f ' lu>  United  States.    Obedience  to  any  such  subpoena  shall, 
on  application  by  the  bo*ard,  be  enforced  as  are  orders  of 
the  board  other  than  for  the  payment  of  money, 
sec.  28.  That  no  person  shall  be  excused,  on  the  ground  that  it 

incriminating  may  tend  to  incriminate  him  or  subject  him  to  a  penalty 
;?,'';::' ',,!avwbe or  'forfeiture,  from  attending  and  testifying,  or  produc- 
enforced.  [ng  books,  papers,   documents,   and  other  evidence,   in 

obedience  to  the  subpoena  of  the  board  or  of  any  court 
in  any  proceeding  based  upon  or  growing  out  of  any 
i  Bxti  b°  rose"a^eii('^  v'°'!ltion  of  this  act:  but  no  natural  person  shall 
cuted  °  on  prsuSeh be  prosecuted  or  subjected  to  any  penalty  or  forfeiture 
evidence.  £Q1.  0]>  Qn  account  0f  anv  transaction,  matter,  or  thing  as  to 

which,  in  obedience  to  a  subpoena  and  under  oath,  he  may 
so  testify  or  produce  evidence,  except  that  no  person  shall 
be  exempt  from  prosecution  and  punishment  for  perjury 
committed  in  so  testifying, 
sec.  so.  That  in  case  of  violation  of  any  order  of  the  board, 

orders?" el       °  other  than  an  order  for  the  payment  of  money,  the  board, 
belied?  sults  t0°r  any  party  injured  by  such  violation,  or  the  Attorney 
thana)  io?  * ha  !GeneraI>  may  apply  to  a  district  court  having  jurisdic- 
ment  of°r money!  tion  of  the  parties;  and  if,  after  hearing,  the  court  de- 
termines that  the  order  was  regularly  made  and  duly 
issued,  it  shall  enforce  obedience  thereto  by  a  writ  of  in- 
junction or  other  proper  process,  mandatory  or  other- 
wise. 
sec.  30.  That  in  case  of  violation  of  any  order  of  the  board  for 

meit  }of  moneyf*  the  payment  of  money  the  person  to  whom  such  award 
was  made  may  file  in  the  district  court  for  the  district 
in  which  such  person  resides,  or  in  which  is  located  any 
office  of  the  carrier  or  other  person  to  whom  the  order 
was  directed,  or  in  which  is  located  any  point  of  call  on  a 
regular  route  operated  by  the  carrier,  or  in  any  court  of 
general  jurisdiction  of  a  State,  Territory,  District,  or 
possession  of  the  United  States  having  jurisdiction  of  the 
parties,  a  petition  or  suit  setting  forth  briefly  the  causes 
for  which  he  claims  damages  and  the  order  of  the  board 
in  the  premises. 
dFindilfs board     In  the  district  court  the  findings  and  order  of  the  board 
as  evidence.  °?r  shall  be  prima  facie  evidence  of  the  facts  therein  stated, 
and  the  petitioner  shall  not  be  liable  for  costs,  nor  shall 
he  be  liable  for  costs  at  any  subsequent  stage  of  the  pro- 
torne'v's  fees  at"  ceedings  unless  they  accrue  upon  his  appeal.    If  a  peti- 
tioner in  a  district  court  finally  prevails,  he  shall  be 
allowed  a  reasonable  attorney's  fee,  to  be  taxed  and  col- 
lected as  part  of  the  costs  of  the  suit, 
artles "  deermit-f     All  parties  in  whose  favor  the  board  has  made  an  award 
par  les         u    ^  reparation  by  a  single  order  may  be  joinedas  plaintiffs, 
and  all  other  parties  to  such  order  may  be  joined  as  de- 
fendants, in  a  single  suit  in  any  district  in  which  any  one 
such  plaintiff  could  maintain  a  suit  against  any  one  such 
prods"/ s  c  e  of  defendant.    Service  of  process  against  any  such  defend- 


APPENDIX.— SHIPPING   ACT,    L916.  .r>M 

ant  not  found  in  that  district  may  be  made  in  any  district 
in  which  is  located  any  office  of,  or  point  of  call  <»n  a  regu- 
lar route  operated  by,  such  defendant.  Judgment  may 
be  entered  in  favor  or  any  plaintiff  against  the  defendant 

liable  to  that  plaintiff. 

No  petition  or  suit  for  the  enforcement  of  an  order  for    Time  roi  aiirg 
the  payment  of  moneys  shall   be  maintained   unless  filed0 
within  one  year  from  the  date  of  the  order. 

Unit  the  venue  and  procedure  in  the  courts  of  the  Sec.  si. 
United  States  in  suits  brought  to  enforce,  suspend,  or  set  procedure.6 
aside,  in  whole  or  in  part,  any  order  of  the  board  shall. 
except  as  herein  otherwise  provided,  be  the  same  as  in 
similar  suits  in  regard  to  orders  of  the  Interstate  Com- 
merce Commission,  but  such  suits  may  also  be  maintained 
in  any  district  court  having  jurisdiction  of  the  parties. 

That  whoever  violates  any  provision  of  this  net.  except     Sec-  32: 
where  a  different  penalty  is  provided,  shall  be  guilty  of  aity  provision?"" 
a  misdemeanor,  punishable  by  fine  not  to  exceed  $5,000. 

That  this  act  shall  not  be  construed  to  affect  the  power     ?ec-.  ??■ 

•        -i  •       ,  •  _C     .Ll  T       A  /I  y~l  ••  Juilsdlctl I 

or  jurisdiction  of  the  Interstate  Commerce  Commission,  im ..  tate    c 

nor  to  confer  upon  the  board  concurrent  power  or  juris-  JS^«»t0otomfc 
diction  over  any  matter  within  the  power  or  jurisdiction  encroached  ..p..,,. 
of  such  commission;  nor  shall  this  act  be  construed  to 
apply  to  intrastate  commerce. 

That  if  any  provision  of  this  act,  or  the  application     sec-  »*• 

fi                 •*/.   L     .              ...                    '                     ,    i  i                            htiect     n!     de- 
such  provision  to  certain  circumstances,  is  held  uncon-  <'isi,,„s   ,„,   ■ 

stitutional,  the  remainder  of  the  act,  and  the  application stituti?nality- 

of  such  provision  to  circumstances  other  than  those  as 

to  which  it  is  held  unconstitutional,  shall  not  be  affected 

thereby. 

That  for  the  fiscal  year  ending  June  thirtieth,  nineteen  Bee.  85. 
hundred  and  seventeen,  the  sum  of  $100,000  is  hereby  priticS!  appr°" 
appropriated,  out  of  any  moneys  in  the  Treasury  of  tlie 
United  States  not  otherwise  appropriated,  for  the  pur- 
pose of  defraying  the  expenses  of  the  establishment  and 
maintenance  of  the  board,  including  the  payment  of 
salaries  herein  authorized. 

The  Secretary  of  the  Treasury  is  authorized  to  refuse    sec.  36. 
a   clearance  to  any  vessel  or  other  vehicle  laden   withbeCd1n7ed%2!fd 
merchandise   destined    for   a    foreign   or   domestic    port  [;;[,.  £^oS£. 
whenever  he  shall  have  satisfactory  reason  to  believe  that  ^  by  citizen  of 
the  master,  owner,  or  other  officer  of  such  vessel  or  other   m  e 
vehicle  refuses  or  declines  to  accept  or  receive  freight  or 
cargo  in  good  condition  tendered  for  such  port  of  desti- 
nation or  for  some  intermediate  port  of  call,  together 
with  the  proper  freight  or  transportation  charges  there- 
for, by  any  citizen  of  the  United  States,  unless  the  same 
is  fully  laden  and  has  no  space  accommodations  for  the 
freight  or  cargo  so  tendered,  due  regard  being  had  for 
the  proper  loading  of  such  vessel  or  vehicle,  or  unless 
such  freight  or  cargo  consists  of  merchandise  for  which 
such  vessel  or  vehicle  is  not  adaptable. 

That  when  the  United  States  is  at  war  or  during  any     Sec.  87. 
national  emergency,  the  existence  of  which  is  declared emerSnfy.™*  °* 


582  NAVIGATION   LAWS   OF  THE   UNITED  STATES. 

by  proclamation  of  the  President,  it  shall  be  unlawful, 
without  first  obtaining  the  approval  of  the  board: 
No   vessel    to      (a)   To  transfer  to  or  place  under  any  foreign  registry 

be  transferred  to        V,  '  ,  i   •  i_    i  ■  i  IT       ,„ 

foreign  registry,  or  nag  any  vessel  owned  in  whole  or  in  part  by  any  per- 
son a  citizen  of  the  United  States  or  by  a  corporation 
organized  under  the  laws  of  the  United  States,  or  of  any 
State,  Territory,  District,  or  possession  thereof;  or 
No  vessel, ship-      (M   To  sell,  mortgage,  lease,  charter,  deliver,  or  in  any 

yard,   etc.,   tobex/  1  ft    »    ?  •>  «f 

sold,  mortgaged, manner  transfer,  or  agree  to  sell,  mortgage,  lease,  charter, 
'"  ,""'1-""  deliver,  or  in  any  manner  transfer,  to  any  person  not  a 
citizen  of  the  United  States,  (1)  any  such  vessel  or  any 
interest  therein,  or  (2)  any  vessel  documented  under  the 
laws  of  the  United  States,  or  any  interest  therein,  or  (3) 
any  shipyard,  dry  dock,  ship-building  or  ship-repairing 
plant  or  facilities,  or  any  interest  therein;  or 
no  contract  to      /c)  fo  enter  into  any  contract,  agreement,  or  under- 

t  oust  met  for  for-         V     '  •'  i         •    i   •  i        xt    •*      i     a± 

eign  account,      standing  to  construct  a  vessel  within  the  United  States 
for  or  to  be  delivered  to  any  person  not  a  citizen  of  the 
United  States,  without  expressly  stipulating  that  such 
construction  shall  not  begin  until  after  the  war  or  emer- 
gency proclaimed  by  the  President  has  ended;  or 
to  NveRtsrcorTtro!      W   To  make  any  agreement  or  effect  any  understand- 
in  foreigners,      ing  whereby  there  is  vested  in  or  for  the  benefit  of  any 
person  not  a  citizen  of  the  United  States,  the  controlling 
interest  or  a  majority  of  the  voting  power  in  a  corporation 
which  is  organized  under  the  laws  of  the  United  States, 
or  of  any  State,  Territory,  District,  or  possession  thereof, 
and  which  owns  any  vessel,  shipyard,  dry  dock,  or  ship- 
building or  ship-repairing  plant  or  facilities;  or 
bunt0  4SeisCato      (e)  To  cause  or   procure  any  vessel   constructed   in 
depart  until  doc-  whole  or  in  part  within  the  United  States,  which  has 
never  cleared  for  any  foreign  port,  to  depart  from  a  port 
of  the  United  States  before  it  has  been  documented  under 
the  laws  of  the  United  States, 
penalty.  Whoever  violates,  or  attempts  or  conspires  to  violate, 

any  of  the  provisions  of  this  section  shall  be  guilty  of  a 
misdemeanor,  punishable  by  a  fine  of  not  more  than 
$5,000  or  by  imprisonment  for  not  more  than  five  years, 
or  both. 

Any  vessel,  shipyard,  dry  dock,  ship-building  or  ship- 
repairing  plant  or  facilities,  or  interest  therein,  sold, 
mortgaged,  leased,  chartered,  delivered,  transferred,  or 
documented,  or  agreed  to  be  sold,   mortgaged,   leased, 
chartered,    delivered,    transferred,    or    documented,    in 
violation  of  any  of  the  provisions  of  this  section,  and  any 
stocks,  bonds,  or  other  securities  sold  or  transferred,  or 
agreed  to  be  sold  or  transferred,  in  violation  of  any  of 
such  provisions,  or  any  vessel  departing  in  violation  of 
Forfeiture.      f]ie  provisions  of  subdivision  (e),  shall  be  forfeited  to  the 
United  States. 
agreements8  Tn     Any  S11C^  *n\e,  mortgage,  lease,  charter,  delivery,  trans- 
vioiation  of  sec-  fer,  documentation,  or  agreement  therefor  shall  be  void, 
whether  made  within  or  without  the  United  States,  and 


APPENDIX. SHIPPING    ACT,    l!Hli.  583 

any  consideration  paid  therefor  or  deposited  in  connection  1J,'','Y;,i'lr™,,li'1".' 
therewith  shall  be  recoverable  at  the  suit  of  the  person  .■■'".'. i. 
who  has  paid  or  deposited  the  same,  or  of  his  successors 
or  assigns,  after  the  tender  of  such  vessel,  shipyard, 
dry  dock,  ship-building  or  ship-repairing  plant  or  facili- 
ties, or  interest  therein,  or  of  such  stocks,  Bonds,  or  other 
securities,  to  the  person  entitled  thereto,  or  after  for- 
feiture thereof  to  the  United  States,  unless  the  person 
to  whom  the  consideration  was  paid,  or  in  whose  interest 
it  was  deposited,  entered  into  the  <  ransaction  in  the  honest 
belief  that  the  person  who  paid  or  deposited  such  consid- 
eration was  a  citizen  of  the  United  States. 

That  all  forfeitures  incurred  under  the  provisions  of    p^,;,^,,,,,  „f 
this  act  may  be  prosecuted  in  the  same  court,  and  may  be  forfeitures, 
disposed  of  in  the  same  manner,  as  forfeitures  incurred 
for  offenses  against  the  law  relating  to  the  collection  of 
duties. 

That  in  any  action  or  proceeding  under  the  provisions  Sec-  s9- 
of  this  act  to  enforce  a  forfeiture  the  conviction  in  a  court. 
of  criminal  jurisdiction  of  any  person  for  a  violation 
thereof  with  respect  to  the  subject  of  the  forfeiture  shall 
constitute  prima  facie  evidence  of  such  violation  against 
the  person  so  convicted. 

That  whenever  any  bill  of  sale,  mortgage,  hypotheca-    Sec-  mo- 
tion, or  conveyance  of  any  vessel,  or  part  thereof,  or  in- 
terest therein,  is  presented  to  any  collector  of  the  cus- 
toms to  be  recorded,  the  vendee,  mortgagee,  or  transferee  mJ/^8^ 
shall  file  therewith  a  written  declaration  in  such  form  as  ration  as  to  citi- 
the  board  may  by  regulation  prescribe,  setting  forth  the wm^coiiector"^! 
facts  relating  to  his  citizenship,  and  such  other  facts  ascustoms- 
the  board  requires,  showing  that  the  transaction  does  not 
involve  a  violation  of  any  of  the  provisions  of  section 
nine  or  thirty-seven.    Unless  the  board,  before  such  pres- 
entation, has  failed  to  prescribe  such  form,  no  such  bill 
of  sale,  mortgage,  hypothecation,  or  conveyance  shall  be 
valid  against  any  person  whatsoever  until  such  declara- 
tion has  been  filed.    Any  declaration  filed  by  or  in  behalf 
of  a  corporation  shall  be  signed  by  the  president,  secre- 
tary, or  treasurer  thereof. 

Whoever  knowingly  makes  any  false  statement  of  a.,PenaUv    for 

.    ,     »       ,     •  ^        i       -i       -i  ,•  i      n    i  -I..  » false   statement. 

material  fact  in  any  such  declaration  shall  be  guilty  of 
a  misdemeanor  and  subject  to  a  fine  of  not  more  than 
$5,000.  or  to  imprisonment  for  not  more  than  five  years, 
or  both. 

That  whenever  by  said  section  nine  or  thirty-seven  the    f^f1, 
approval  of  the  board  is  required  to  render  any  act  or  prove      tratisao- 
transaction  lawful,  such  approval  may  be  accorded  either ^5™    condltlon- 
absolutely  or  upon  such  conditions  as  the  board  prescribes. 
Whenever  the  approval  of  the  board  is  accorded  upon  any 
condition  a  statement  of  such  condition  shall  be  entered 
upon  its  records  and  incorporated  in  the  same  document 
or  paper  which  notifies  the  applicant  of  such  approval. 
A  violation  of  such  condition  so  incorporated  shall  con- 


making 
statement 


584  NAVIGATION   LAWS   OF   THE   UNITED  STATES. 

penalty    f  o  r  stitute  a  misdemeanor  and  shall  be  punishable  by  fine 
breach  oi  condi-  ;m(;1  miprisonment  in  the  same  manner,  and  shall  subject 
the  vessel,  stocks,  bonds,  or  other  subject  matter  of  the 
application  conditionally  approved  to  forfeiture  in  the 
same  manner  as  though  the  act  conditionally  approved 
had  been  done  without  the  approval  of  the  board,  but  the 
offense  shall  be  deemed  to  have  been  committed  at  the 
time  of  the  violation  of  the  condition. 
Penalty    for     Whenever  by  this  act  the  approval  of  the  board  is 
tkemlnt  Jf  fa^t  required  to  render  any  act  or  transaction  lawful,  whoever 
aPpSroCvUari!  boards  knowingly  makes  any  false  statement  of  a  material  fact 
to  the  board,  or  to  any  member  thereof,  or  to  any  officer, 
attorney,  or  agent  thereof,  for  the  purpose  of  securing 
such  approval,  shall  be  guilty  of  a  misdemeanor  and 
subject  to  a  fine  of  not  more  than  $5,000,  or  to  imprison- 
ment for  not  more  than  five  years,  or  both, 
sec.  42.  That  any  vessel  registered,  enrolled,  or  licensed  under 

considered  ^ocu6  the  laws  of  the  United  States  shall  be  deemed  to  con- 
registry,  "enroll- tmue  to  be  documented  under  the  laws  of  the  United 
inert,  "or  license  States  within  the  meaning  of  subdivision  (b)  of  section 
boardanceled    by  thirty-seven  until  such  registery,  enrollment,  or  license 
is  surrendered  with  the  approval  of  the  board,  the  provi- 
sions of  any  other  act  of  Congress  to  the  contrary  not- 
withstanding. 
President    t  o     That  the  fact  that  a  war  or  emergency  has  ended  shall, 
Son6  wife'n  CeZrI  for  the  purposes  of  this  act,  be  evidenced  by  a  proclama- 
gency  ends.        tion  of  the  President. 
Titie 4o4i  act.        That  this  act  may  be  cited  as  "  Shipping  act,  1916." 

EMERGENCY  SHIPPING  ACT. 

Chap.   29,    40  The  emergency  shipping  fund  provision  of  the  urgent  deficiencies 

Stat.     L  ,    182 ;  appropriations  act  approved  June  15,  1917,  as  amended  by  "  An 

(Hn6R   3971)  act  t0  amen<3  the  emergency   shipping  fund  provisions  of  the 

(Public,    No.  urgent   deficiency    appropriation    act    approved    June   fifteenth, 

23,  65th  Cong.)!  nineteen  hundred  and  seventeen,  so  as  to  empower  the  Presi- 

Chap.   62,   40  dent  and  his  designated  agents  to  take  over  certain  transporta- 

itat'    oo'     loisi  tion  systems  for  the  transportation  of  shipyard  and  plant  em- 

(sr'3388)  ployees,  and  for  other  purposes,"  approved  April  22,  1918;  and 

(Public]    N  o.  amendments  of  "  An  act  making  appropriations  to  supply  de- 

138, 6.r>th  Cong.).'  ficiencies  in  appropriations  for  the  fiscal  year  ending  June  30, 

chap    201,  40  iQigt  and  prior  fiscal  years  on  account  of  war  expenses,  and 

(H.  r/i3086)V  f°r  other  purposes,"  approved  November  4,  1918. 


(Public,      No. 
233,65th  Cong.). 


Power   confer 
red  on  the  Presi 


EMERGENCY  SHIPPING  FUND. 


1.  The  President  is  hereby  authorized  and  empowered, 
dent""  '""""  within  the  limits  of  the  amounts  herein  authorized — 
and°inrtderria£ip8  (a)  To  place  an  order  with  any  person  for  such  ships 
requisition,"  eetc!'or  material  as  the  necessities  of  the  Government,  to  be 
any  contract  for  determined  by  the  President,  may  require  during  the 
riak  and  mate* period  of  the  war  and  which  are  of  the  nature,  kind  and 
sesJim/of6  street  quantity  usually  produced  or  capable  of  being  produced 

railroads,  etc.      by  such  person. 

(b)  To  modify,  suspend,  cancel,   or  requisition   any 
existing  or  future  contract  for  the  building,  production, 


APPENDIX. — SHIPPING    ACT,    L016.  585 

or  purchase  of  ships  or  material  or  take  possession, 
lease  or  assume  control  of,  any  street  railroad,  inter- 
urban  railroad,  or  part  thereof,  cars  and  other  equip- 
ment necessary  to  operation. 

(c)  To  require  the  owner  or  occupier  of  any  plant  in  tv>  take  the 
which  ships  or  materials  are  built  or  produced  to  place •ESudin*  °Viantsi 
at  the  disposal  of  the  United  States  the  whole  or  anyetc- 

part  of  the  output  of  such  plant,  to  deliver  such  output 
or  part  thereof  in  such  quantities  and  at  such  times  as 
may  be  specified  in  the  order. 

(d)  To  acquire,  construct,  establish,  or  extend  any  to  acquire, 
plant,  and  in  pursuance  thereof,  to  purchase,  requisi-  Stlon,  Cet<Jeany 
tion,  or  otherwise  acquire  title  to  or  use  of  land  improved  industrial  plant, 
or  unimproved  or  interest  therein;  and  to  requisition  and 

take  over  for  use  or  operation  by  the  United  States  any 
plant,  or  any  part  thereof  without  taking  possession  of 
the  entire  plant,  whether  the  United  States  has  or  has 
not  any  contract  or  agreement  with  the  owner  or  occupier 
of  such  plant. 

(e)  To  purchase,  requisition,  or  take  over  the  title ^Jjj^g^g* 
to,  or  the  possession  of,  for  use  or  operation  by  the  United  ships  and'  char- 
States  any  ship  now  constructed  or  in  the  process  of 
construction    or    hereafter    constructed,    or    any    part 

thereof,  or  charter  of  such  ship. 

(f)  To  take  possession  of,  lease  or  assume  control  of , ses^°n l^e stD°^ 
or  to  extend,  improve,  or  increase,  or  cause  to  be  extended,  railroads,   etc. 
improved,  or  increased  any  street  railroad,  interurban 
railroad,  or  part  thereof  wherever  operated,  and  all  cars, 
appurtenances,  and  franchises  or  parts  thereof  commonly 

used  in  connection  with  the  operation  thereof  necessary 
for  the  transfer  and  transportation  of  employees  of 
shipyards  or  plants  engaged  or  that  may  hereafter  be 
engaged  in  the  construction  of  ships  or  equipment  there- 
for for  the  United  States. 

(g)  In  pursuance  of  the  foregoing  powers,  or  any  ofaiJ0a™a1;,ece,":ins 
them,  to  make  advance  payments  or  loans  of  such  amounts 

and  upon  such  terms  as  the  President  may  deem  neces- 
sary and  proper. 

2.  Compliance  with  all  orders  issued  hereunder  shall  wi^°™(gJ*a^f 
be  obligatory  on  any  person  to  whom  such  order  is  given,  puisory. 
and  such  order  shall  take  precedence  over  all  other  orders 
and  contracts  placed  with  such  person.     If  any  person  tak^rr^('",^i ',"ay 
owning  any  ship,  charter,  or  material,  or  owning,  leasing, 
or  operating  any  plant  equipped  for  the  building  or  pro- 
duction of  ships  or  material  shall  refuse  or  fail  to  comply 
therewith  or  to  give  to  the  United  States  such  preference 
in  the  execution  of  such  order,  or  shall  refuse  to  build, 
supply,  furnish,  or  manufacture  the  kind,  quantities  or 
qualities  of  the  ships  or  materials  so  ordered,  at  such 
reasonable  price  as  shall  be  determined  by  the  President, 
the   President   may   take   immediate   possession   of   any 
ship,  charter,  material,  or  plant  of  such  person,  or  any 


f>8f»  NAVIGATION   LAW'S   OF   THE   UNITED  STATES. 

part   1  hereof   without    taking   possession   of   the    entire 
plant,  and  may  use  the  same  at  such  times  and  in  such 
manner  as  he  may  consider  necessary  or  expedient. 
Jus<    compen-     3.  Whenever  the  United  States  shall  cancel,  modify, 
property  taken,  suspend,  or  requisition  any  contract,  make  use  of,  assume, 
occupy,  requisition,  acquire,  or  take  over  any  plant  or 
part  thereof,  or  any  ship,  charter,  or  material,  in  accord- 
ance with  the  provisions  hereof,  it  shall  make  just  com- 
pensation therefor,  to  be  determined  by  the  President; 
and  if  the  amount  thereof,  so  determined  by  the  Presi- 
dent, is  unsatisfactory  to  the  person  entitled  to  receive 
the  same,  such   person   shall   be   paid  seventy-five   per 
centum  of  the  amount  so  determined  by  the  President 
and  shall  be  entitled  to  sue  the  United  States  to  recover 
such    further   sum    as,    added   to    said    seventy-five   per 
centum,  will  make  up  such  amount  as  will  be  just  com- 
io930l'ii86    PP'  Pensati°n  therefor,  in  the  manner  provided  for  by  section 
twenty-four,  paragraph  twenty,  and  section  one  hundred 
and  forty-five  of  the  Judicial  Code. 
deiegrtedenpowears     4.  The  President  may  exercise  the  power  and  authority 
under  this  act.    hereby  vested  in  him,  and  expend  the  money  herein  and 
hereafter  appropriated  through  such  agency  or  agencies 
as  he  shall  determine  from  time  to  time. 
E^endituresof     Provided,  That  all  money  turned  over  to  the  United 
the  Emergency  States  Shipping  Board  Emergency   Fleet   Corporation 
Fleet     corpora-  may  ke  eXpenc|e(|  as  other  moneys  of  said  corporation  are 

liperaationgei^endnow.  ex.Pen(^e(^-  ^  ships  constructed,  purchased,  or 
disposition  o  i  requisitioned  under  authority  herein,  or  heretofore  or 
ships.  hereafter  acquired  by  the  United  States,  shall  be  man- 

aged, operated,  and  disposed  of  as  the  President  may 
direct. 
"prwsond"fined      5-  Tne  word  "  person  "  as  used  herein,  shall  include  any 
individual,  trustee,  firm,  association,  company,  corpora- 
tion, or  contractor, 
-ship."  e_  The  word  "ship"  shall  include  any  boat,  vessel,  or 

submarine  and  the  parts  thereof. 
"  Materia1'"         7.  The  word  "  material  "  shall  include  stores,  supplies, 
and  equipment  for  ships,  and  everything  required  for  or 
in  connection  with  the  production  thereof. 
"Plant.-  8    The  word  "  plant  "  shall  include  any  factory,  work- 

shop, warehouse,  engine  works ;  buildings  used  for  manu- 
facture, assembling,  construction,  or  any  process;  any 
shipyard,  drydock,  marine  railway,  pier,  or  dockyard 
and  discharging  terminal  and  any  facilities  or  improve- 
ments connected  with  any  of  the  foregoing  descriptions 
of  property. 
*  e  d  9.  The  words  «« United  States  "  shall  include  all  lands 
and  waters  subject  to  the  jurisdiction  of  the  United 
States  of  America. 
autho™^*10"0*  10-  A]1  authority  granted  to  the  President  herein,  or 
by  him  delegated,  shall  cease  six  months  after  a  final 
treaty  of  peace  is  proclaimed  between  this  Government 
and  the  German  Empire. 


Sluice.' 


AIM'KNDIX. SHIPPING    ACT,    1916.  587 

11.  The  cost  of  purchasing,  requisitioning,  or  other     jgggj 

wise  acquiring  plants,- material,  charters,  or  ships  nowsnips,    plants, 

1      ,  •  i  e  j.-  j     j  t      mati  ria  i    I 

constructed  or  in  the  course  oi  construction  and  tne charters. 
expediting  of  construction  of  ships  thus  under  construc- 
tion shall  not  exceed  the  sum  of  $250,000,000,  exclusive 
of  the  cost  of  ships  turned  over  to  the  Army  and  Navy. 
the  expenditure  of  which  is  hereby  authorized,  and  in 
executing  the  authority  granted  by  this  act  for  such  pur- 
pose the  President  shall  not  expend  or  obligate  the  United 
States  to  expend  more  than  the  said  sum;  and  there  is 
hereby  appropriated  for  said  purpose,  $150,000,000:  Pro- 
vided, That  this  appropriation  shall  be  reimbursed  from 
available  funds  under  the  War  and  Navy  Departments 
for  vessels  turned  over  for  the  exclusive  use  of  those. 
departments  or  either  of  them. 

12.  The  cost  of  construction  of  ships  authorized  herein shgn8truction oi 
shall  not  exceed  the  sum  of  $500,000,000,  the  expenditure 

of  which  is  hereby  authorized,  and  in  executing  the 
authority  granted  herein  for  such  purpose  the  President 
shall  not  expend  or  obligate  the  United  States  to  expend 
more  than  said  sum;  and  there  is  hereby  appropriated  for 
said  purpose,  $250,000,000. 

13.  For  the  operation  of  the  ships  herein  authorized  fc Operation    of 
or  in  any  way  acquired  by  the  United   States,  except F 
those  acquired  for  the  Army  or  Navy,  and  for  every 
expenditure  incident  thereto,  $5,000,000. 

METHOD    OF    COMPENSATION    FOR    TRANSPORTATION.      FACILI- 
TIES TAKEN  OVER,  AROUND  SHIPYARDS,  AS  PROVIDED  BY  ACT 


ships. 


OF  AF-RIL   22,   1918. 


Just     compen- 


Sec.  3.  That  upon  taking  possession  of  such  property,  MtIo 
or  leasing  or  assuming  control  thereof,  just  compensation 
shall  be  made  therefor,  to  be  determined  by  the  Presi- 
dent, and  if  the  amount  thereof  so  determined  by  the 
President  is  unsatisfactory  to  the  person  entitled  to 
receive  the  same,  such  person  shall  be  paid  seventy-five 
per  centum  of  the  amount  so  determined  by  the  President 
and  shall  be  entitled  to  sue  the  United  States  of  America 
to  recover  such  further  sums  as  added  to  seventy-five  per  vol.  36,  PP. 
centum  will  make  up  such  amount  as  will  be  just  com-1093'  mo- 
pensation  therefor,  in  the  manner  provided  for  by  section 
twenty-four,  paragraph  twenty,  and  section  one  hundred 
and  fortv-five  of  the  Judicial  Code. 

The  President  may  exercise  the  power  and  authority degatede?oS 
hereby  vested  in  him  through  the  several  departments  of 
the  Government,  and  through  such  agency  or  agencies  as 
he  shall  determine  from  time  to  time.1 

Approved,  April  22,  1918. 


1  Tho   President  debated    this   authority   to  tho  Emergency    Fleet   Cor- 
poration by  Executive  orders  of  June  IS,  l!Jl£\  and  Dec.  o,  1'JlS. 


588  NAVIGATION    LAWS   OF   THE    UNITED   STATES. 

40  u.  S.  stat.  Chap.  157. — An  act  to  confer  on  the  President  power  to  prescribe 
'  July' is,  1918  charter  rates  and  freight  rates  and  to  requisition  vessels,  and 
(]\.  li  12099).        for  other  purposes. 

(Public,      No. 

Terms  denned.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress  assem- 
bled, That  when  used  in  this  act — 
swu-sT"nited  (a)  The  term  "United  States"  includes  any  State, 
Territory,  or  District  of  the  United  States,  the  insular 
possessions,  the  Canal  Zone,  and  all  lands  or  waters 
subject  to  the  jurisdiction  of  the  United  States. 
"Person.-  (b)  The  term  "person"  includes  corporations,  part- 

nerships,  associations,   and    States,   municipalities,   and 
other  subdivisions  thereof. 
"charter.-  ^   rpjie  £erm  "charter"  means  any  agreement,  con- 

tract, lease,  or  commitment  by  which  the  possession 
or  services  of  a  vessel  are  secured  for  a  period  of  time,  or 
for  one  or  more  voyages,  whether  or  not  a  demise  of  the 
vessel. 
Powers  vested  That  the  President  may  exercise  the  power  and 
in  the  President  authority  hereby  vested  in  him  through  such  agency  or 

mav     be     dele-  .      •'       ,         iii-i,  •         j>  *•    °    .      ,-  °         J 

gated.  agencies  as  he  shall  determine  trom  time  to  time. 

Authority    to     That  all  power  and  authority  hereby  vested  in  the 
cease  at  end  of  President  or  by  him  delegated  and  all  restrictions  im- 
posed in  this  act  shall  cease  upon  the  proclamation  of 
the  final  treaty  of  peace  between  the  United  States  and 
Proviso.  tjie  Jinperial  German  Government:  Provided,  That  if, 

in  the  judgment  of  the  President,  the  tonnage  shortage 
at  such  time  is  so  severe  that  national  interests  of  the 
extended™? \i  n  t  United  States  are  jeopardized,  he  may,  by  proclamation, 
months  after  the  extend  the  provisions  of  this  act  for  a  further  period  of 
war'  not  exceeding  nine  months. 

lowers  to  be  That  the  powers  herein  conferred  shall  be  without 
without     preju- prejudice  to  any  power  heretofore  conferred  on  the  Presi- 

dice   to    Previous  dent5  Qr  by    him   delegated. 

charters  to  be     That  the  President  may,  by  proclamation,  require  that 
approved  by  vessels  of  the  United  States  of  any  specified  class  or 
description  or  in  any  specified  trade  or  trades,  shall 
not  be  chartered  unless  the  instrument  in  which  such 
charter  is  embodied,  and  the  rates,  terms,  and  conditions 
thereof  are  first  approved  by  him.    Whenever  any  vessel 
is  comprised  in  any  such  proclamation,  it  shall  be  unlaw- 
ful to  make  any  charter  thereof,  or  comply  with  or  per- 
form any  of  the  rates,  terms,  or  conditions  of  any  charter 
thereof,  or  to  operate  such  vessel  under  any  charter,  with- 
out first  obtaining  the  approval  thereof  by  the  President. 
charthear"gmust  be     Whenever  any  charter  of  such  vessel  is  approved,  it 
approved.  shall  be  unlawful,  without  the  approval  of  the  President 

first  obtained,  to  make  any  alterations  in  such  charter, 
or  additions  thereto  or  deletions  therefrom,  or  to  make  or 
receive  any  payment  or  do  any  act  with  respect  to  such 
vessel,  except  in  accordance  with  such  charter. 


APPENDIX.— SHIPPING    ACT.    1916.  589 


scribe,  and  enforce  reasonable  freight  rates  and  the  terms prencribe  traghi 
and  conditions  of  affreightment  which  shall  govern  the™ 
transportation  of  goods  <m  vessels  of  the  United  States, 


rates 

filed 

With     the     Board. 


Srr. 


which  shall  be  filed  with  the  United  States  Shipping  i,,^,, 
Board  and  open  to  public  inspection.  It  shall  be  unlaw-  "' 
ful  to  charge  or  collect  any  compensation  for  the  trans- 
portation of  goods  on  any  such  vessel,  or  to  enforce  or 
attempt  to  enforce  any  terms  or  conditions  of  affreight- 
ment, or  to  make  or  receive  any  payment  or  do  any  act 
with  respect  to  such  transportation,  not  in  accordance 
with  the  rates,  terms,  and  conditions  so  prescribed,  any- 
fching  in  contract,  whether  heretofore  or  hereafter  made, 
to  the  contrary  notwithstanding. 

That  the  President  shall  have  power  to  prescribe  the     Prior 
order  of  priority  in  which  goods  shall  be  carried  or  other  transportation 
services  performed  by  any  vessel  of  the  United  States  and 
to  specify  goods  which  shall  be  carried  or  to  direct  the    Vo       or 
voyage  or  employment  of  any  such  vessel  and  to  make  pioyment  of  ve«- 
such  rules,  regulations,  and  orders,  with  respect  to  any  sels# 
such  vessel  relating  to  the  loading,  discharging,  lighter-     Hanaung    of 
acre,  or  storage  of  goods,  or  the  procurement  of  bunker  fni-ht>    tjghter- 

„^    '  *=•,  e  1     -•  j.       .1  ••  i  age,        storage, 

fuel,  or  any  other  matter  relating  to  the  receiving,  nan-  bunkering,  etc. 
dling,  transporting,  storing,  or  delivering  of  goods,  as 
may  in  his  judgment  be  necessary  and  proper  for  the 
efficient  utilization  of  transportation  facilities  and  the 
effective  conduct  of  the  war. 

That  the  President  may  by  proclamation  extend  the    Intension    to 
provisions  of  sections   five,   six,   and   seven,  or   any   of  f?re!tffn     vess.el.s 
them,  to  an}-  vessel  of  foreign  nationality  under  charter  zens   l,t   united 
to  a  citizen  of  the  United  States  or  other  person  subject states* 
to  the  jurisdiction  thereof. 

That  the  President  shall   have  power  to  make  such    Spcro9'tection 
rules,  regulations,  and  orders  regarding  voyages,  courses,  gainst  war  Per- 
the  use   of  protective  devices,   and   any   other  matters 
affecting  the  navigation,  equipment,  fueling,  painting, 
or  arming  of  vessels  of  the  United  States  as  may,  in 
his  judgment,  be  conducive  to  the   protection  of  such 
vessels    from   submarines,   mines,   or   other   war   perils, 
any  expense  so  incurred  to  be  allowed  for  in  determin- 
ing freight  and  charter  rates  under  this  act.     If  in  his^1"8*0^ 
judgment  any  vessel  or  class  of  vessels  on  account  of  daneer  zone- 
size,  speed,  structure,  method  of  propulsion,  or  for  any 
other  reason  is  unfit  for  service  in  any  waters  which  he 
may  declare  to  be  a   danger  zone,   he  may,  by  order, 
exclude  such  vessel  or  vessels  from  such  danger  zone. 
It  shall  be  unlawful  to  violate  any  order,  rule,  or  regu- 
lation made  under  this  section.     Rules,  regulations,  or    orders  may  be 
orders  issued  under  this  section  may,  in  the  discretion cor 
of  the  President,  be  issued  confidentially,  in  which  event 
they   shall   be   binding   only  on   such   persons   as   have 
notice  thereof. 


590  NAVIGATION   LAWS   OF   THE    UNITED  STATES 

Spc.   10. 
Approval 


of     That  the  President  may  by  proclamation  require  that 


foreign  vessels  no  citizen  of  the  United  States,  or  other  person  subject 
zenYof  United  to  the  jurisdiction  thereof,  shall  charter  any  vessel  of 
Sln,'s  foreign  nationality  unless  the  instrument  in  which  such 

charter  is  embodied  and  the  rates,  terms,  and  conditions 
conations8  notnM  tnere°f    are    nrst    approved    by    the    President.     After 
proved  unlaw- the  making  of  such  proclamation  it  shall  be  unlawful  for 
any  such  citizen  or  person  to  make  any  charter  of  any 
such  vessel,  or  comply  with  or  perform  any  of  the  rates, 
terms,  or  conditions  of  any  charter  thereof,  or  to  operate 
any  such  vessel  under  any  charter,  without  first  obtain- 
ing the  approval  thereof  by  the  President. 
cimi^."^""2^      Whenever  any  such  charter  is  approved  it  shall  be  un- 
prohibited,        lawful,  without  the  approval  of  the  President  first  ob- 
tained, to  make  any  alterations  in  such  charter  or  addi- 
tions thereto  or  deletions  therefrom,  or  to  make  or  receive 
any  payment  or  do  any  act  with  respect  to  such  vessel, 
except  in  accordance  with  such  charter. 
President  may      That  the  President  shall  have  power  to  requisition  for 
pXry  possession  militaiT  purposes,  or  for  any  other  national  purpose  Con- 
or   services    of  nected  with  or  arising  out  of  the  present  war,  temporary 
possession  of  any  vessel,  or,  without  taking  actual  posses- 
sion, to  requisition  the  services  of  any   vessel  and  to 
require  the  person  entitled  to  the  possession  thereof  to 
issue  to  the  master  such  instructions  as  may  be  necessary 
no  uisitionto  Place  tne  v.e?s?l  at  the  service  of  the  United  States. 
chartee?ulto  'be     Upon  requisitioning  such  possession  or  services,  or  as 
submitted.  soon  thereafter  as  the  exigencies  of  the  situation  may 

permit,  the  President  shall  transmit  to  the  person  entitled 
to  the  possession  of  such  vessel  a  charter  setting  forth 
the  terms  which,  in  his  judgment,  should  govern  the  rela- 
tions between  the  United  States  and  such  persons  and 
a  statement  of  the  rental  or  rate  of  hire  which,  in  his 
judgment,  will  be  just  compensation  for  the  use  of  such 
com  ensation yesse^  an<^  ^or  *ne  services  required  under  the  terms  of 
if  charters  not  such  charter.  If  such  person  does  not  execute  and  de- 
accepted.  j-yer  suc^  cnarter  anc|  accept  such  rental  or  rate  of  hire, 
the  President  shall  pay  to  such  person  a  sum  equal  to 
seventy-five  per  centum  of  such  rental  or  rate  of  hire  as 
the  same  may  from  time  to  time  be  due  under  the  terms 
of  the  charter,  and  such  person  shall  be  entitled  to  sue 
the  United  States  to  recover  such  further  sum  as  added 
to  such  seventy-five  per  centum  will  make  up  such  amount 
as  will  be  just  compensation  for  the  use  of  the  vessel  and 
fo^io^^rveT^01,  tne  services  required.  In  the  event  of  loss  of  or 
sei.  damage  to  such  vessel,  due  to  the  operation  of  a  risk 
assumed  by  the  United  States  under  the  terms  of  such 
charter  (in  the  event  that  no  valuation  of  such  vessel 
or  mode  of  a  compensation  has  been  agreed  to),  the 
United  States  shall  pay  just  compensation  for  such  loss 
or  damage,  to  be  determined  by  the  President;  and  if  the 
amount  so  determined  is  not  satisfactory  to  the  person 
entitled  to  receive  just  compensation,  the  President  shall 


APPENDIX. — SHIPPING    A.CT,    L916.  591 

pay  to  such  poison  seventy-five  per  centum  of  the  amount 
so  determined,  and  such  prison  shall  be  en1  [tied  to  sue  the 
United  States  to  recover  such  further  sum  as  added  to 
such  seventy-live  per  centum  will  make  up  such  amount. 
as  will  he  just  compensation. 

That  the  President  shall  have  power  to  prescribe  the    f.7.7;ir]t2v:  in  usfi 
order  of  priority  in  which  persons  in  possession  of  dryof  drj   docks, 
docks,  wharves,  lighterage  systems,  or  loading  or  dis  I '.!''' '" \,  mtu''" 
charging  terminal   facilities  in  any  port  of  the  United K£^c.ware" 
States,  or  warehouses,  equipment,  or  terminal  railways 
connected   therewith,   shall   serve   vessels   and    shippers, 
and  to  determine,  prescribe,  and  enforce  the  rates,  terms,     Regulation   of 
and  conditions  charged  or  required  for  the  fjiniishmgdry^dodL.Tght- 
of  such  services,  including  stevedoring  and  handling  ofjjjj*^   tZ^inti 
cargo,  and  the  handling,  dispatching,  and  bunkering  of  facilities,   etc. 
vessels,   and   to  make  such  rules  and   regulations  with 
respect  to  the  conduct  of  any  such  business  as  may  be 
necessary  and  proper.     It  shall  be  unlawful  to  charge, 
collect,  or  claim  any  compensation,  or  to  enforce  or  at- 
tempt to  enforce  any  terms  or  conditions,  or  to  make 
or  receive  any  payment  or  do  any  act,  with  respect  to 
any  such  service  not  in  accordance  with  the  rates,  terms, 
and  conditions  so  prescribed,  any  thing  in  any  contract, 
whether  heretofore  or  hereafter  made,  to  the  contrary 
notwithstanding. 

That  the  President  shall  have  power  to  lease  or  re-     sec.  13. 
quisition  the  use  or  temporary  possession  of,  or  to  assume  terminal  d°facm- 
temporary  control  of,  any  dry  docks,  wharves,  or  load- *'•'*•  ,l,,-1  mav 

x         i-      i  •  •        i    <•       -T.L-  •  »   ,,      be       leased       or 

mg  or  discharging  terminal  facilities,  in  any  port  of  the  requisitioned. 
United   States,  or  warehouses,  equipment,  or  terminal 
railways  connected  therewith. 

Whenever  the  President  requisitions  or  assumes  con- ^J^  tomPen- 
trol  of  any  such  property,  the  United  States  shall  pay 
just  compensation  therefor,  to  be  determined  by  the 
President.  If  the  amount  so  determined  is  not  satis- 
factory to  the  person  entitled  to  receive  just  compensa- 
tion, the  President  shall  pay  to  such  person  seventy-five 
per  centum  of  the  amount  so  determined  and  such  person 
shall  be  entitled  to  sue  the  United  States  to  recover unXfectSy"11* 
such  further  sum  as  added  to  such  seventy-five  per 
centum  will  make  up  such  amount  as  will  be  just  com- 
pensation. 

Whenever  the  President  acquires  by  purchase,  lease,    immediatepos- 
or  requisition,  or  assumes  control  of  any  such  property takeTof "proper- 
immediate  possession  may  be  taken  thereof  to  the  extent  J- 1Ml('j11'.;i^1t^ne0I; 
of  the  interest  acquired  therein,  and  such  property  may  leased, 
be  immediately   occupied    and   used    without   regard   to  355.' 
the   provisions  of  section  three   hundred   and   fifty-five 
of  the  Revised  Statutes. 

Nothing  in  this  section  shall  authorize  the  President ric^*e  property 
to  requisition  the  title  to  anv  such  propertv  owned  by  exempt  from 
any  State,  municipality,  or  subdivision  thereof.  requisition. 


592  NAVIGATION   LAWS  OF  THE   UNITED  STATES. 

IuCi'ts14'to    be     That  whenever  by  this  act  permission  is  given  to  sue  the 
brought   in  the  United  States  such  suit  shall  be  brought  in  the  manner 
court  of  claims.  provjc|ec|  }n  section  twenty-four,  paragraph  twenty,  and 
section  one  hundred  and  forty-five  of  the  Judicial  Code. 
see  is.  That  all  vessels  of  which  the  possession  or  services  are 

vesseis',ra(ionck>s!  requisitioned  under  this  act,  and  all  dry  docks,  wharves, 
etc-  loading  or  discharging  terminal  facilities,  warehouses, 

equipment,  or  terminal  railways,  of  which  the  President 
may  acquire  the  title  or  possession  or  of  which  he  may 
assume  control  under  this  act,  may  be  operated  and  man- 
c  -^r0dedds-  toc  bre  a£ed  as  the  President  may  from  time  to  time  direct.    The 
rvlng  eout"  pul-  net  proceeds  derived  from  any  activity  authorized  in  this 
pose  of  shipping  aCt  or  the  joint  resolution  of  May  twelfth,  nineteen  hun- 
dred  and   seventeen    (Public   Numbered   Two),   or  the 
division  entitled,  "  Emergency  shipping  fund "  of  the 
act  of  June  fifteenth,  nineteen  hundred  and  seventeen 
(Public  Numbered  Twenty-three),  shall  be  deposited  in 
the  Treasury  in  a  separate  and  distinct  fund  and  may  be 
expended  by  the  President  in  carrying  out  the  purposes 
of  this  act,  and  within  the  limits  of  the  amounts  hereto- 
fore or  hereafter  authorized  for  the  construction,  requisi- 
FnuTn'd''     •  a  Zoning,  or  purchasing  of  vessels :  Provided,  That  none  of 
tion"  a"iiot'avi!iV-  the  provisions  of  this  act  shall  apply  to  vessels  plying 
eluded.  exclusively  on  the  inland  rivers  and  canals  of  the  United 

States, 
p^aities  That  whoever  does  or  attempts  to  do  anything  in  this 

act  declared  to  be  unlawful,  or  willfully  violates  any  rule, 
regulation,  or  order  issued  under  authority  conferred 
herein,  shall  be  punished  by  a  fine  of  not  more  than  $5,000 
or  by  imprisonment  for  not  more  than  two  years,  or  both : 
Pcanasi°'  Zone Prov^ded,  That  the  district  court  of  the  Canal  Zone  shall 
offenses.  have  jurisdiction  of  offenses  committed  against  the  pro- 

visions of  this  act  within  the  Canal  Zone. 
see.  i7.  That  if  any  provision  of  this  act,  or  the  application  of 

an\vVallprovisio0nSuch  provisions  to  certain  circumstances,  is  held  uncon- 
maind°era  ofCLte'  stitutional,  the  remainder  of  the  act,  and  the  application 
of  such  provision  to  circumstances  other  than  those  as  to 
which  it  is  held  unconstitutional,  shall  not  be  affected 


thereby. 
Approved,  July  18,  1918. 


INDEXES 


INDEX  TO  THE  SHIPPING  ACT,   1916. 


[  \  table  of  the  laws  included  in  this  volume  is  given  on  p. 

p.  615.] 


I,  and  an  alphabetical  index  app 


Accommodations,  special  agreement  relative 

to 

Accounts: 

Of  Bo  [ted 

Board  may  inn  lire  luing  of 

Admi:  to  A  merican  registry 

For  coastwise  tra  le .' 

Adjustment: 

Of  claims,  discrimination  in 

< » f  t  rallic  account  s 

Advance  payments:  Authorized  to  lie  made 

lo  shipyards 

'■!•  unreasonable, 

unlawful 

Pcna  1 1  y  for 

Agencies:  President    may  execute   through 

such  agency  as  he  may  choose 

Agreements: 

Ana:;  included  in  term 

Confei  ;  in  term 

Understandings  included  in  term 

E  xisi  ing  agreements  lawful 

Filing  of,  required 

If  app  i  l  from  antitrust  laws.. 

If  disapproved,  to  be  unlawful 

Lawful  only  v  hen  approved  by  Hoard 

Modifications  of,  must  be  filed 

Modifications  of,  unlawful  until  approved 

by  Board 

Relative  to  accommodat  ions 

A I  lotting  of  ports 

Pooling 

Rates  and  fares 

Restricted  traffic  and  sailings 

Altering  reports,  records,  memoranda,  etc... 
American-built  vessels:  Not  to  depart  until 

documented 

American  registry: 

red  from  Board  to  be  operated 

on'y  under 

Admission  of  foreign-built  vessels  lo 

Vessels  of,  not  to  be  transferred  without 

approval  of  Board 

American  shipy;  r  Is: 

Preference  to  be  given  to 

Oontrollinginterestnol  to  be  transferee  1  lo 

foreign  interest  without  approval 

American  \ 

Discrimination  against 

Not  to  be  transferred  to  foreign  interest 

without  approval 

Antitrust  laws: 

ements  approved  excepted  from  opera- 
tion of 

See  also    Sherman  antitrust  act;    Wilson 
t  trifllaw. 
Appoint 

Of  Shipping  Board 

Ofsecretary  to  Board 

< > f  oi  her  employees 

intmentof 

Finding  of,  to  be  final 

Appropriations.    (This  compilation  does  not 
i  ions  for  Board 
■ 
For  i 

i    i ' ;  ;n  i  ial expenses  of  Board 

Forac  [uiring plants,  material,  charti 

For  constnicting  ships 

For  operating  ships 

Proceeds  derived   from  various   ship 
acts  permanently  appropriated 


Page. 
574 

569 
578 
570 

570 


573 
581 
587 
587 
587 

592  I 


143562°— 19- 


-38 


1  'age. 

Approval  of  agreements.     See  Agreements. 

Arming  of  vessels:   President   may  pre  cribe 

rules  and  regulations  for ' 589 

Army  transports: 

Vessels  of  Board  to  be  available  as 570 

Transfer  of,  to  Board 570 

Arrangements.    See  Agreements. 

Assignees  subject  to  the  act 56S 

Associations: 

Included  in  term  "person" 567 

To  which  act  applies 567 

When  deemed  citizen 568 

When  controlling  interest  of  corporations 

owned  by  citizen  of  United  Slates....        568 
See  also  Corporations;  Partnerships. 

Attorneys,  excepted  from  civil  service 569 

Auditing  accounts  of  Shipping  Board..  .      569 

Auxiliaries,  naval,  vessels  of  Board  to  be 570 

Baggage: 
Practices   connected   with  carrying,  etc., 

must  be  reasonable ." 575 

Personal,  sample  and  excess 576 

Billing,  false:  To  obtain  lower  rales  un- 
lawful        57G 

Bills  of  lading:  Practices  connected  with  is- 
suance of,  must  be  reasonable 577 

Bills  of  sale:  Transferee  must  file  declarations 
as  to  citizenship, etc.,  with  collector  of 

customs 583 

Board.    See  Shipping  Board. 
Bonds,  Panama  Canal: 

Issuance  of  150,000,000  an!  horized 573 

Time  of  payment  of 573 

Use  of  proceeds  of 573 

Building  of  ships.    See  Construction  of  ships. 
Bunkering  of  vessels: 
May  prescribe  rates,  terms,  and  conditions 

for  use  of.  during  war 501 

Priority  of  use  in,  during  war 591 

President  may  make  rules  and  regulations 

regarding 591 

CanaJ  Zone:  Courts  of.  to  have  jurisdiction  of 

offenses  under  rate  emergency  act 592 

Canals,  rate  emergency  act  not  to  apply  to 

inland 592 

Cancellation  of  agreements.    S,<  Agreements. 

Cancellation  of  contracts:  President  author- 
ized to 584 

Duty  of  carrier  to  accept s.si 

Discrimination  based  on  volume   offered 

unlawful 574 

Refusal  to  accept 5S1 

May  prescribe  rates,  terms,  and  conditions 

for  handling  during  war 591 

Cargo-space  accommodations: 

Discriminations  in  matter  of,  unlawful 574 

Refusal  of,  v  hen  available ssi 

Carrier,  common.    Ste  Common  carrier. 

Charges: 

Agreements  relative  to.  to  be  tiled 574 

Discriminatory,  forbidden 576 

Maximum,  must,  be  filed  with  Board 576 

May  be  preset  ibed  bv  Board 577 

Mm  t,  be  jut  and  rea  onable 570 

Prejudicial   to    American    exporters    for- 
bidden        576 

See  also  Rates. 

Charter,  definition  of 

Charter  rates,  act  conferring  authority  to, 
prescribed 

503 


594 


NAVIGATION"   LAWS   OF   THE   UNITED   STATES. 


Page. 
Chartering  of  vessels: 

By  and  from  the  Board 569,570 

By  and  from  corporation  formt'd  by  Board.  571 

Competitive  offerings  to  be  invited 572 

Public  notice  to  be  given 572 

Proceeds  of,  to  bo  covered  into  Treasury . . .  573 

Proceeds  of,  permanently  appropriated 573 

Restrictions  upon 570 

To  foreigners,  during  emergency,  must  be 

approved ' 582 

Must  be  approved  by  Board  during  emer- 
ge ncy 588 

Charters: 

To  be  approved  by  Board  duringemergeney  588 
Not  to  be  changed  unless  approved  by 

Board 590 

Changes  in,  must  be  approved 588 

Of  foreign  vessels  to  be  approved  when  char- 
tered to  United  States  citizens 590 

Board  to  submit  to  owners  of  requisitioned 

vessels 590 

Cities,  property  of,  exempt  from  requisition- 
ing title 591 

Citizens  of  the  United  States: 

Defined 568 

Corporations,    associations,     partnerships, 

when  deemed 568 

When  controlling  interest  of  corporation 

deemed  owned  by 568 

Civil  service: 

Employees  of  Board  to  be  under 569 

Exceptions 569 

Clearance: 

Refusal  of.  to  vessels 581 

Secretary  of  Treasury  authorized  to  refuse..  581 
Classifications: 
Just  and  reasonable  ones  may  be  prescribed 

by  Board 576 

Use  of  false  ones  to  obtain  lower  rates  un- 
lawful    576 

Clerks  to  commissioners  excepted  from  civil 

service 569 

Coast  Guard,  detail  of  officers  of,  to  Board. . .  569 

Coastwise  trade:  Admission  of  vessel  to 570 

Combination: 

To  give  deferred  rebate  unlawful 574 

To  use  a  "fighting  ship"  unlawful 574 

To  retaliate  or  discriminate  unlawful 574 

Commandeering  of  vessels: 

Compensation  for  vessels  taken 571 

Upon  notice 571 

Without  notice 571 

Vessels  which  may  bo  taken 571 

See  also  Requisitioning. 
Commissioners: 

Members  of  Shipping  Board  to  1  >e  called ...  568 

Appointment  of 568 

Compensation  of 569 

Expenses  of,  to  be  allowed 569 

Not  to  engage  in  other  business 569 

Number  of 568 

Qualifications 568 

Removal  of 569 

Common  carrier  by  water: 

Defined 567 

Duty  to  accept  cargo 581 

Ferryboat  not  a 507 

Filing  of  agreements.    See  Agreements. 

Filing  of  rates,  records,  memoranda,  etc.,  by  578 

Not  to  discriminate 574 

Not  to  influence  marine  insurance  company 

to  discriminate 576 

Not  to  give  deferred  rebates 574 

Not  to  give  undue  or  unjust  advantage  or 

preference 575 

Not  to  ret  aliate  against  shipper 574 

Not  to  disclose  information  detrimental  to 

shipper,  etc 577 

Not  to  allow  lower  rates  to  be  obtained  by 

use  of  unfair  devices 576 

Not  to  use  a  "fighting  ship" 574 

Not  to  subject  to  unjust  prejudice  or  dis- 
advantage    575 

Ocean  tramp  not  a 567 

To  observe  reasonal ile  practice  in  handling, 

etc.,  of  property 576 


Page. 
Common  carrier  by  water  in  foreign  com- 
merce: 

Defined 567 

Ferryboat  not  a 567 

Included  in  term   ''common  carrier  by 

water" 567 

Ocean  tramp  not  a 567 

See  also  Foreign  commerce:    Common  car- 
rier by  water  in  interst  ate  commerce. 
Common  carrier  by  water  in  interstate  com- 
merce defined 5G7 

See  also  Interstate  commerce. 
Compensation: 

Of  employees 569 

For  vessels  commandeered 571 

United  States  to  make  just,  for  ships,  con- 
tracts, etc.,  requisitioned 586 

United  States  to  make,  for  dry  docks, 
wharves,  terminal  facilities,  etc.,  requi- 
sitioned       591 

President  to  make,  for  vessels  requisi- 
tioned       590 

Must  pay  just  compensation  for  dry  docks, 
wharves,  terminal  facilities,  etc.,  leased 

or  requisitioned 591 

Competition: 
Agreements  as  to  controlling,  preventing, 

etc.,  to  be  filed 574 

Reducing  rates  below  remunerative  basis  to 

drive  out 577 

Use  of  fighting  ship  to  drive  out 574 

Complaints: 

Copy  of,  to  be  furnished  to  the  carrier 578 

Discrimination  against  a  shipper  on  account 

of  filing  a 578 

Enforcement  of  satisfaction  on 578 

Of  violation  of  act,  must  be  under  oath 578 

Of  discrimination  by  foreign  government. .      579 

Who  may  file 578 

Compliance  with  orders.    See  Orders. 
Conditions:   Board    may   approve   transac- 
tions under  sections  9  and  37 condition- 
ally        583 

Conferences  included  in  term  "agreement". .      575 

See  also  Agreements. 
Congress: 

Boand  to  make  annual  report  to 573 

Report  on  discriminations  by  foreign  Gov- 
ernments        579 

Report  on  investigation  of  foreign  naviga- 
tion and  shipping  laws,  etc 573 

Consignee  may  consent  to  disclosure  of  in- 
formation concerning  shipments 577 

Constitution: 
If  a  part  of  rate  emergency  act  held  invalid, 

not  to  afi'ect  remainder 592 

If  part  of  shipping  act  declared  unconsti- 
tutional, not  to  afi'ect  remainder 581 

Construction  of  ships: 

By  Board 569 

By  corporation  formed  by  Board 571 

For  use  as  naval  auxiliaries,  Army  trans- 
ports       570 

In  navy  yards 570 

Preference  to  be  given  American  yards 570 

Rules  to  be  investigated 573 

President  authorized  to  place  orders  for 584 

Contracts  for  foreign  account  must  be  ap- 
proved       582 

Contracts: 

Discriminatory,  fori  >idden 574 

May  be  modified,  canceled,  suspended,  or 

requisitioned 585 

Compensation  to  be  made  for 586 

For  constructing  vessels  for  foreign  account 
during  national  emergency  must  be  ap- 
proved       582 

Controlling  interest  of  corporations,  agree- 
ments to  vest  in  foreigners  must  be  ap- 
proved       582 

Corporations: 

Included  in  term  "person" 567 

WhencontroLlinginterest  deemed  in  United 

States  citizens 568 

When  not  deemed  citizen  of  United  States.      568 
Acquisition  of  vessels  by 569, 572 


'XlU'.X    TO   SHIPPING    ACT,    L916. 


595 


Page. 

Corporations  -  Continued. 
Assigns,  receivers,  and  trustees  of,  subject 

to  act 668 

Capital 57 1 

Disposal  of  assets,  stock,  etc.,  of 572 

Dissolution 572 

Operation  of  vessels  by 572 

Organization  of,  l>v  Board 571 

Powers 572 

Resl  rid  inns  upon 570-572 

Stock 572 

Not  to  transfer  vessels  to  foreign  Hag  With- 
out approval . .  582 

Agreements  to  vest  controlling  interest  in 

foreigners  unlawful 582 

Not  to  transfer  American  documented  ves- 
sels without  approval 582 

Not    to    transfer   controlling    interest    to 

foreigners 582 

Not  to  transfer  controlling  inti  rest  in  ves- 
sels, shipyards,  dry   docks,  terminal 

facilities,  etc.,  without  approval 582 

Forfeiture  for  violat  ion 583 

i  'email  y 583 

Costs: 

Of  ship  building,  to  be  investigated 573 

Awarding  of,  in  suits  brought  under  this 

act 580 

Petitioner  nol  to  be  liable  for 580 

Court  of  Claims: 
Suits  under  emergency  shipping  act  to  be 

brought  in 580 

Suits   under  rate   emergency    act   to    be 

brought  in 592 

Deferred  rebate: 

Defined 574 

Giving  of,  prohibited 574 

Agreement  or  understanding  to  allow,  pro- 
hibited    574 

Definitions: 
In  shipping  act— 

"Agreement" 575 

"Citizen  of  the  I  nited  States" 568 

"Common carrier  by  water" 567 

"Commoncarrierby  waterinforeign  com- 
merce " 567 

"Common  carrier  by  water  in  interstate 

commerce  " 567 

"Deferred  rebate" 574 

"  Documented  " 568 

"Fighting  ship" 574 

"  Other  persons  sul  iject  to  this  act " 567 

"  Ocean  tramp  " 567 

' '  Person  " 567 

"Vessel" 568 

In  emergency  shipping  act— 

"Material" 586 

"  Person  " 586 

"  Plant" 586 

"Ship" 586 

"United  States  " 586 

In  rate  emergency  act    - 

"Charter" 588 

"  Person" 588 

"United  States" 588 

Delegation  of  power: 

Under  emergency  shipping  act 586 

Underact  taking  over  transporation facili- 
ties around  shipyards 587 

Under  rate  emergency  act 588 

Delivering  of  property,  practices  connected 

with,  to  bejust  and  reasonable 576 

Destrojing   reports,  records,   rates,  memo- 
randa, etc 578 

Penalty  for 578 

Detail  of  naval,  military,  and  other  officers 

to  Board 569 

Disadvantage,  subjecting  to  undue  or  unrea- 
sonable   575 

Penalty  for 581 

Discharging  of  vessels:  President  may  make 

rulesandregulatinnsregarding 589 

Disclosure  of  information  about  shipments 

forbidden 577 


Page. 

Disci'imin  i 

As  to  cargo  space  aceommodat  ions 574 

Based  on  volume  of  freight  oll'erod 574 

By  false  billing,  etc 576 

By  foreign  Governments 579 

By  giving  undue  ad  van!  age,  etc 675 

By  marine  insurance  companies 676 

In  adjustment  of  claims 674 

In  handling  of  freight 674 

of  every  kind  prohibited 574 

Discriminatory  contracts  With  shippers  for- 
bidden    574 

Discrimination,  methods  by  way  of  retalia- 
tion! in  ihibit  ed 574 

Dispatching  of  vessels,  may  prescribe  rates, 

terms,  and  conditions  for,  during  war...  591 
Dissolution: 

( )f  corporations  organized  by  Board 572 

Disposal  of  stock  and  asset  sat  time  of 572 

District   courts;  Enforcement    of  orders   of 

Board  in 580 

Dock  facilities,  furnishers    of,    included    in 

term  "other  persons  subject  to  this  act".  567 
See  also  Dry  docks. 

Dockyard  included  in  term  "plant  "  586 

Documented: 

Definition  of  term 568 

No  American-built  vessel  to  depart  until 582 

Vessels  to  be  considered,  until  registry,  en- 
rollment, or  license  is  canceled 584 

Dry  docks: 

Included  in  term  "plant" 586 

Transfer  of,  to  foreigners  during  national 

emergency  must  be  approved. 582 

May  requisition  or  lease  (hiring  war 591 

To  be  operated  as   President  may  direct 

during  war 592 

May  prescribe  rates,  terms,  and  conditions 

for  use  during  war 591 

Priority  in  use  of,  during  war 591 

Emergency: 
Existence  of,  to  be  proclaimed   by  Presi- 
dent   5S1 

Transfer  of  vessels  during 582 

President  to  issue  proclamation  when  emer- 
gency ends 584 

Emergency  Fleet  Corporation: 

Authorizing  creation  of 571 

Expenditureofmoney  turned  over  to 686 

See  also  Corporations. 
Enforcement: 

Of  subpoena 579 

Of  orders  of  Board 580 

Findings  of  Board  as  evidence  in  suits  for...  580 

Of  orders  for  payment  of  money 580 

Of  ordersot  her  than  for  payment  of  money.  580 

Suits  for 580 

Use  of  injunctions  in  enforcement  of  orders..  58U 

Enrolled  vessels:  Included  in  documented 568 

Enrollment,  vessels  to  bo  considered  docu- 
mented tint  il  enrollments  canceled  by 

Board 584 

Equal  privileges  for  A  merican  vessels 579 

Evidence:  Findings  of  Hoard  as 580 

Examiners  excepted  from  civil  service 569 

Existing  amendments.    Sec  Agreements. 
Expediting  construction: 

Taking  over  plants  for,  authorized 585 

Appropriation  for 587 

Expenses: 

Traveling,  of  Board 569 

A  ppropnation  for 581 

Of  employees 569 

Expenditures:  Board  to  report  to  Congress..  573 

Experts  excepted  from  civil  service 569 

False: 

Milling 576 

Classification 576 

Weighing 576 

Report  of  weight 576 

obtaining  lower  rates  by  use  of 576 

Penalty 581 

Reports,  rates,  memoranda,  etc 578 


596 


NAVIGATION   LAWS   OF   THE   UNITED   STATES. 


Page. 

Fares  must  be  just  and  reasonable , 576 

Ste  also  Kates. 
Fees: 

Of  wit  nesses  before  Board 580 

Of  persons  acting  under  direction  of  Board      580 
Fighting  ship: 

Defined 574 

Agreements  for  use  of,  unlawful 574 

Use  of,  forbidden 574 

Findings  of  Board  to  be  prima  facie  evidence.      580 
Foreign-account  contracts   to  build   vessels 

must  be  approved 582 

Foreign  commerce: 
Common  carrier  by  water  in,  defined— 
Included  in  term  "Common  carrier  by 

water" 567 

Not  to  charge  discriminat  ory  rates 576 

Not  to  charge  rates  prejudicial  to  Ameri- 
can exporter 576 

Penalty  for 581 

Sections  which  apply  to,  Nos.  14,  15,  16, 
17,20,21,26,36. 

Filing  of  rates,  reports,  etc.,  by 578 

Duty  to  accept  cargo- 
Must   not    disclose    information    about 

shipments 577 

Shall  charge  only  just   and  reasonable 

rates  for,  etc 576 

Shall  enforce  j  ust  and  reasonable  practices 

in  handling,  storing,  etc.,  property 576 

Shall  establish  just  and  reasonable  classi- 
fications       576 

Foreign  flag:  Transfer  of  vessels  to 582 

Foreign  Governments,  discriminations  by. . .      579 
Foreign  interest: 
Board  to  approve  transfer  to,  of— 

Vessels 582 

Shipyards 582 

Dry  docks 582 

Sliipbuilding  or  repairing  plants 582 

Facilities  connected  with  above 582 

During  emergency,  no  vessel  to  be  trans- 
ferred to  foreign  registry 5S2 

No  vessel,  shipyard,  dry  dock,  shipbuild- 
ing or  ship-repairing  plant,  or  facilities 
to  be  chartered,  leased,  sold,  mortgaged, 

or  transferred  to  foreigners 582 

No  contract  to  construct  for  foreign  ac- 
count       582 

No  agreement  to  vest  in  foreigners 582 

No  American-built  vessel  to  depart  until 

documented 582 

Penalty 582 

Forfeiture  for 582 

Contracts  and  agreements  in  violation  of 

section  void 582 

Consideration  may  be  recovered 583 

Board  may  approve  transactions  under 

sections  9  and  37  condit ionally 583 

Foreign  registry:  Transfer  of  vessels  to 570, 582 

See  also  Foreign  interest. 
Foreign  vessels: 

Admission  to  American  registry 570 

United  States  citizens  not  to  charter,  unless 

terms  are  approved 590 

President  may  extend  provisions  of  rate 

law  to. 5S9 

Foreigners:   Vessels  sold   or    mortgaged  to, 

must  be  approved 582 

Forfeitures: 
To  be  prosecuted  in  same  court  as  custom 

forfeitures 583 

Conviction  in  criminal  court  to  constitute 
prima  facie  evidence  in  forfeiture  pro- 
ceedings       583 

Forwarding,  persons  engaged  in,  included  in 

term  "other  persons  subject!  otitis  act".      567 
Franchises:  To  acquire  street-railroad  fran- 
chises       585 

Freight  rates:  Act  conferring  authority  to 

prescribe  during  war 589 

Set;  also  Rates. 
Freight  traffic,  agreements  limiting  or  regu- 
lating, must  be  filed 574 

<  lovernment  agents,  disclosure  of  information 

to 577 

Great  Lakes,  common  carriers  on,  subject  to 

act 567 


Page. 
Handling  of  property: 

Hearing,  necessity  of  full 578 

Rules  and  practices  connected  with,  to  be 

reasonable 576 

High  seas,  what  included  in 567 

Hypothecation:  Transferee  must  file  declara- 
tion as  to  citizenship,  etc.,  with  col- 
lector of  customs 583 

Information: 
Detrimental  to  shipper,  etc.,  not  to  be  dis- 
closed        577 

May  be  given  to  Government  agents 577 

May  be  given  under  legal  process 577 

Injunction  may  be  used  by  courts  in  enforcing 

orders  of  Board 580 

Inland  navigation,  rate  emergency  act  not  to 

apply  to 592 

Insurance: 
Marine — 
Influencing  companies  to  discriminate. . .      576 

Penalty  for 581 

Investigation  of 573,578,579 

Interstate  commerce: 

Voyages  on  Great  Lakes  included  in 567 

Common  carriers  by  water  in,  defined 567 

Board  may  prescribe  just  and  reason- 
able rates,  classifications,  regulations, 

etc 577 

Disclosing    information    about    shipments 

by 577 

Duty  to  accept  cargo 581 

Included    in  term   "common  carrier   by 

water  " 567 

Increase  of  rates,  fares,  etc.,  by 577 

Issuance  of  tickets,  bills  of  lading,  etc., 

by 576 

Filing  of  maximum  rates,  fares,  and  charges 

by 576 

Filing  of  reports,  memoranda,  etc.,  by 578 

Not  to  allow  lower  rates  to  be  obtained  by 

use  of  unfair  devices,  etc 576 

Not  to  discriminate  between  shippers 574 

Not  to  give  deferred  rebates 574 

Not  to  give  undue  preferenceor  advantage .      575 
Not  to  influence  marine  insurance  com- 
panies to  discriminate 576 

Not  to  retaliate  against  any  shipper 574 

Not  to  subject  to  undue  prejudice  or  disad- 
vantage  ; . .  ^ 575 

Not  to  use  "  fight  ing  ships" 574 

Practices  connected  with  carrying  of  bag- 
gage       576 

Practices  connected  with  receiving,  han- 
dling, etc.,  ofproperty 576 

Rates  reduced  to  drive  out  compet  itor 577 

To  estabUsh  just  and  reasonable  rates, 

classifications,  etc 576 

Interstate  Commerce  Commission: 
Venue  and  procedure  for  enforcement  of 

orders  of  Board  to  be  same  as 581 

Jurisdiction  of,  not  to  be  encroached  upon .      581 
Interurban  railroads:  Authorized  to  take  over 

around  shipyards 585 

Intrastate  commerce,  act  not  to  apply  to 5S1 

Invalidity  of  acts: 
If  part  of  shipping  act  declared  unconstitu- 
tional, not  to  affect  remainder. 581 

Tf  part  of  rate  emergency  act  declared  un- 
constitutional, not  to  affect  remain- 
der        592 

Investigations: 

Cost  of  shipbuilding 572 

Discriminations  by  foreign  Governments  . .      579 

Marine  insurance 573 

Mortgage  loans 573 

Power  to  subpeena  in  conducting 579 

Results  of,  to  be  reported  to  Congress 573 

Reports  of,  to  be  published 578 

Violations  of  act 578 

Joinder  of  parties  in  suits  to  enforce  orders. . .      580 
Judgments: 

In  suits  for  enforcement  of  orders 580 

May  be  entered  against  a  particular  de- 
fendant       580 

Jurisdiction  of  Board  not  to  conflict  with  In- 
terstate Commerce  Commission 581 

Just  compensation.    See  Compensation. 


INDEX    TO    SHIPPING   ACT,    1016. 


597 


Page. 

Land:  To  acquire  for  plants 5S5 

Landing  of  freight,  discrimination  in  matter 

of.  unlawful 574 

Leasing: 
Dry  docks,  wharves,  terminal  facilities,  etc., 

'  dining  war 591 

Immediate  possession  may  he  taken  ofprop- 

erl  v ' 591 

Leasing  ol  vessels: 

Admission  to  American  registry 570 

By  the  Hoard 569 

By  corporation  formed  by  Hoard 571 

Competitive  offering  for,  required 572 

From  the  Board 570 

From  corporation  formed  by  Board 571 

Liability  of  vessels  leased 571 

Public  notice  to  begiven  by  Board  of 572 

Proceeds  of,  to  be  covered  into  Treasury. . .  573 

Proceeds  of,  permanently  appropriated 573 

Regis!  ry  of  vessels  leased 570 

Restrictions  upon 570 

to  laws  governing  merchant  vessels.      571 
Taking  for  military  or  naval  purposes  ves- 
sels leased 571 

Vessels  leased  from  Board  may  engage  in 

coastwise  trade 570 

To  foreign   interest,    during    emergency. 

must  be  approved 582 

Legal  process,  disclosure  of  information  on 577 

Liability,  limit  that  may  lie  incurred  under 

sections  5  and  11 573 

Licensed  \essels: 
To  be  considered  documented  until  license 

is  canceled 584 

Included  in  documented 568 

Lighterage  facilities: 

Priority  in  use  of,  during  war 591 

May    prescribe   rates,  terms,  and   condi- 
tions for  use  of.  during  war 591 

President  may  make  rules  and  regulations 

regarding,  during  war 589 

Loading    freight,    discriminations    between 

shippers  in  matter  of,  prohibited 574 

Loading  of  vessels:  1 'resident  may  make  rules 

and  regulations  regarding 589 

Loans:  Authorized  to  be  made  to  those  con- 
structing ships,  etc 585 

Marine  insurance: 

Board  to  investigate 573 

Influencing  companies  to  discriminate 576 

Marine     railroads:      Included     with     term 

"  plant '" 586 

Marking  property,  practices  connected  with. 

must  be  just  and  reasonable 576 

Material: 

Definition  of  term 586 

Requisition  of,  authorized 585 

Placing  of  orders  for,  authorized 585 

Maximum  rates,  Board  may  prescribe 577 

Memoranda: 

Board  may  require  filing  of 578 

Falsifying,  altering,  etc. ,  of  those  filed 578 

Mileage: 

O  f  commissioners  to  be  paid 569 

Of  employees  to  be  allowed 569 

Of  witnesses  before.  Board 580 

Military  officers,  detail  of,  to  duties  under 

Board 569 

Military  purposes,  taking  of  vessels  for 571 

Minority  stock,  by  United  States  in  corpora- 
tions, forbidden 572 

Modifications: 

Of  agreements  must  be  filed 574 

O  f  orders  by  Board 5 79 

Modification  of  contracts.    See  Contracts. 
Mortgages: 

ationof 572 

Vessels  not  to  be  mortgaged  to  foreigners 

without  approval 582 

Transferee  must  file  declaration  as  to  citi- 
zenship, etc. ,  with  collector  of  customs..     583 
Mutilating  reports,   memoranda,   etc.,  filed 

with  Board,  penalty  for 578 

Municipalities,    property    of,  exempt    from 

requisitioning  title 591 

Naval  architects,  exempt  from  civil  service . .      569 


Page. 
Naval  auxiliaries,  vessels  of  Board  to  be.. 

\  ■-  dotlicers,  detail  of,  to  dutie.Mindei  Bo-. id      :«,:> 

Xaval  purposes.  t:il  i       n  fol 571 

Naval  vessels,  transfer  of,  to  Board 570 

Navigation  laws: 
Board  to  recommend  to  Congress  chai 

„    i» 

To  be  investigated 573 

General  index  of 615 

Notice: 
Taking  of  vessels  with  and  without 571 

Public  notice  to  be   gb  en    il    ,  .■     ,-|      led 

for  sale,  etc 572 

Oat  lis,  Board  to  have  [lower  to  administer 579 

Ocean  tramp: 

Defined 567 

Not  a  common  carrier  by  water 507 

Offering  of  vessels  for  sale,  public  notice  to 

be  given  of 572 

Operation  of  vessels: 
Under  shipping  act- 
Board  not  empowered  to .570,  f>72 

By  corporation  formed  by  Board 571 

ohly  on  failure  of  private  capital 572 

Report  on,  to  be  made  to  Congress 573 

To  cease  five  years  after  close  o I  war 572 

Under  emergency  shipping  act  and  others— 
Of  ships,  plants,  etc.,  by  United  States, 

authorized 584 

Vessels  acquired   under  rate  emergency 
law  to  be  operated  as  President  may 

direct 592 

Orders: 
Of  Board- 
As  evidence  in  suits  for  their  enforce- 
ment    580 

Enforcement  of. 580 

For  payment  of  money 580 

For  enforcement  of  reasonable  rates 577 

How  long  in  force 578 

Modification  of 579 

Reversal  of 579 

Suspension  of. 579 

To  be  made  only  after  full  hearing 578 

Violations  of. 580 

Stay  of  order,  rehearing  to  operate  as. . ..  579 

Time  limit  for  1  .ringing  suits  for 580 

President  empowered  to  place,  for  ships  or 

materials 585 

Compliance  with,  obligatory 585 

Priority  to  be  given  1 0,  placed  under  author- 
ity of  this  act 585 

Packing  property  for  transportation,  practice 
connected  with,  to  be  just  and  reason- 
able       576 

Panama  Canal  bonds: 

Amount  of,  authorized 573 

Date  of  payment  of 573 

Issuance  of,  authorized 573 

Proceeds  of,  permanently  appropriated 573 

Proceeds  to  be  covered  into  Treasury 573 

Panama  Canal  Zone:  Courts  in,  t  0  have  juris- 
diction of  oflenscs  under  rate-emer- 
gency act 592 

Panama  Railroad  Company,  transfer  of  ves- 
sels of,  to  Board 570 

Partnerships: 

Included  in  term  "person" 567 

To  which  act  applies  enumerated 567 

\V  Inn  deemed  cit  i/en 568 

Passenger  t railie, agreement s limit ing  or  regu- 
lating, musl  be  filed 574 

Penalties: 
Under  shipping  act— 
For  transferring  of  vessels  in  violation  of 

section  9 571 

For  charging  higher  rates  than  I  hose  pre- 
scribed by  Board 581 

For  charging  rales  prejudicial  to  Ameri- 
can exporter 581 

For  destroying  reports,  memoranda,  et  c.      57S 

For  discriminating 574 

For  discriminating  by  carrier  in  foreign 

commerce 581 

For  failure  1 0  file  agreements 575 


598 


NAVIGATION  LAWS  OF  THE   UNITED  STATES. 


Page. 
Penalties— Continued . 
Under  shipping  act— Continued. 
For  failure  to  file  reports,  memoranda, 

rates,  etc.,  when  required  by  Board. . .      578 
For  filing  false  report,  etc.,  or  destroying 

one  filed 578 

For  giving  deferred  rebates 574 

For  giving  undue  preferences  or  advan- 
tages       "1 

For  influencing  marine  insurance  com- 
panies to  discriminate 581 

For  mutilating  a  report,  memorandum, 


etc. 


-,7.x 


For  permitting  lower  rates  to  be  obtained 

by  unfair  devices 581 

For  refusal  t  o  accept  cargo 581 

For  subjecting  to  undue  prejudice  or  dis- 
advantage       581 

For  retaliating biJ\ 

For  use  of  "  fighting  ship  " 5-4 

General  penalty  sect  ion 5»i 

For  transferring  vessels,  yards,  etc.,  to 

foreign  control  under  section  37 58i 

For  making  false  statement  to  secure 

Board's  approval 584 

For  violat  ing  condit  ions  when  Board  ap- 
proves transactions  condit ionally 583 

For  making  false  statement  in  declaration 
with  bills  of  sale,  mortgages,  hypothe- 
cations, etc 58d 

For  violating  rate-emergency  act.. -      ow 

Perjury,  prosecution  for,  committed  in  testi- 

f'ying 58U 

"Person":  ,A7 

Definition  of  term  in  shipping  act **>< 

Associations,  etc.,  included  in  term oo/ 

Definition  of  term  in  emergency  shipping 

act     586 

Definit  ion  "of  term  in'rate4  mergency  act ...      588 

"  Persons  subject  to  act "  enumerated 5b/ 

Piers:  KfiR 

Included  within  term  "  plant " ooo 

Regulation  of  rates,  priority,  in  use  of,  etc. .      591 
Plant:  ...     . 

Definition  of  term  in  emergency  shipping 

act 586 

Requisition  of,  authorized 585 

May  acquire,  const ruct ,  establish,  etc ^ 

Pooling  agreements: 

To  be  filed  with  the  Board a'\ 

May  be  approved  or  disapproved 5/5 

Possession:  May  requisition  temporary  pos- 

session  of  vessels .------  - ;      89° 

Practices  of  common  carriers  must  be  just  ana 

reasonable -  -  -  -      57b 

Preferences,  giving  of  undue  or  unreasonable, 

unlawful 581 

Penalty  for Mi 

Prejudice,  subjecting  to  undue  or  unreason- 

able 575 

Penalty  for 581 

President:  , 

Approval  of,  necessary  to  sell  stock  of  cor- 

poration bu 

Existence  of  national  emergency  to  be  pro- 
claimed by -      581 

Report  to  Congress  failure  to  secure  equal 

privileges  for  American  vessels 579 

Shipping  Board  to  be  appointed  by 568 

Taking  of  vessels  by 5/1 

To  approve  acquisition  of  vessels ob» 

To  approve  disposal  of  Tessels 570 

To  secure  equal  privileges  for  American 

VOSSGls     - oi\) 

When  United  States  at  war  to  lie  proclaimed 

by 581 

Presenting  property  for  transportation,  prac- 
tices connected  with,  to  be  just  and 

reasonable 5/6 

Priority: 
To  be  given  to  orders  placed  under  Emer- 
gency Fleet  shipping  act 585 

In  transportation  and  service  during  emer- 
gency   '-  -  -  -      589 

In  use  of  dry  docks,  wharves,  lighterage, 

warehouses,  terminal  facilities,  etc 591 


Page. 
Procedure: 

Board  may  prescribe  rules  of 569 

In  suits  to'  enforce  orders 580, 581 , 

In  United  States  courts  to  be  same  as  that 
prescribed    for    Interstate    Commerce 

Commission 581 

On  complaint  of  violation  of  act 578 

Sections  relative  to 578, 580, 581 

Proceeds: 
To  be  covered  into  Treasury  of  United 
States— 

Of  bonds 573 

Of  charters 573 

Of  leases 573 

Of  sales  of  vessels 573 

Of  shares  of  stock 573 

Permanent  1  v  appropriated 573 

Permanently  appropriated  to  carry   out 

purposes  of  various  shipping  acts 592 

Process, legal, disclosure of  information  on...      577 
Proclamations:  President  to  issue  when  emer- 
gency ends 584 

Prosecutions: 
On  evidence  given  in  obedience  to  subpoena     580 

For  perjury  committed  in  testifying 580 

•Public  notice  to  be  given  of  ottering  of  vessels 

for  sale,  charter,  etc 572 

Publication  of  reports  of  investigations,  hear- 
ings, etc  578 

Purchase: 

Vessels 569 

Of  ships ,  charters,  etc 585 

See  also  Vessels. 

Qualifications  of  commissioners 568 


Railroads: 
Terminal- 
May  prescribe  rates ,  terms ,  and  conditions 

for  use  of,  during  war 591 

Priority  in  use  of,  during  war 591 

May  lease  by  requisition  during  war 591 

To  be  operated  as  President  may  direct 

during  war 592 

Rates: 
Under  shipping  act- 
Agreements  relative  to,  to  be  filed  with 

Board 574 

Filing  of,  may  be  required  of  all  subject  to 

act 578 

Of  carriers  in  foreign  commerce- 
Must  not  be  unjustly  discriminatory. . .      576 
Nor  prejudicial  to  American  exporter. .      576 
Of  carriers  in  interstate  commerce- 
Must  be  filed  with  Board 576 

May  not  be  increased  without  consent 

of  Board 576 

Maximum,   may    be  established    by 

Board 576 

Must  be  just  and  reasonable 577 

Must  be  kept  open  to  public  inspection     576 
Obtaining  reduced,  by  unfair  device 

unlawful 576 

Reduced  to  drive  out  competitor  may 

not  be  increased 577 

Unjust  or  unreasonable ,  may  be  ordered 

discontinued 

Under  rate-emergency  act- 
Charter  rates  must  be  approved  during 
war— President    to    approve     before 

foreign  vessels  can  be  chartered 590 

President  may  prescribe  for  use  of  dry 
docks,  wharves,  lighterage,  terminal 
facilities,  etc 591 


576 


Defined 574 

Giving  of,  prohibited 574 

Receiving  property , practices  connected  with, 

to  be  j  ust  arid  reasonable 576 

Receivers,  when  subject  to  act 568 

Receipts:  ,  ,    .     . 

From  sale,  charter,  etc.,  of  vessels  to  be 

covered  into  Treasury 573 

Issuance  of,  by  carriers, etc 576 

To  be  reported  by  Board  t o  Congress 573 

Receiving  information  relative  to  shipments 

forbidden 577 


INDEX    TO    SHIPPING    ACT,    1016. 


599 


Page. 
Ions  of  Board: 
Relative  to  discriminations  by  foreign  Qo^  - 

en  uncut  s 579 

Relative  t*>  amending  navigation  laws 573 

Relative  to  means  of  developing  American 

merchant  marine 573 

Refusal: 
Of  space  accommodations  by  way  of  re- 

talial  ion " 574 

Of  clearance 581 

To  accept  cargo,  penalty  for 581 

To  comply  with  orders,  plants,  etc.,  may 

i  ie  seized  for 585 

Registered  vessels  included  in  documented...      508 
Registry: 
Admission  of  foreign-built  vessels  to  Amer- 
ican        570 

Of  vessels  acquired  from  Board 570 

Transfer  of  vessels  to  foreign 571,582 

Vessels  to  be  considered  documented  until 

regisl  ry  is  canceled  by  Board 584 

Regulations: 
Board  may  prescribe  just  and  reasonable. . .      577 
( !onnec1  ed  wit  h  receiving,  et  c . .  of  property.     576 

Regarding  chartering  of  vessels 570 

Regular  rates,  obtaining  less  than,  by  unfair 

devices 576 

Penalty  for 581 

Rehearing: 

May  lie  allowed  by  Board 579 

To  operate  as  suspension  of  order 579 

Reimbursement  by  War  and  Navy  Depart- 
ments for  vessels  turned  over  to  them. .      587 
Remedies: 
For  injuries  caused  by  violation  of  the  act..      578 
For  injuries  caused  by  violation  of  an  order     580 

On  order  for  payment  of  money 580 

Reparation: 
Awardof.joinderofpartiesinsuit  toenforce     580 

Of  injuries  caused  by  violation  of  act 578 

Reports: 

Altering  of 578 

As  evidence 578 

Destruction  of  report  filed 578 

Falsifying  of 578 

Filing  of,  may  be  required  by  Board 578 

Of  expenditures 573 

Of  failure  to  lease  of  charter  vessels 572 

Of  receipts 573 

On  discrimination  by  foreign  Governments.      579 

on  status  of  vessel  mortgage  loans 573 

Requisitioning: 
Under  emergency  shipping  act— 

Of  ships 585 

Of  contracts  for  ships  and  material 585 

Of  manufacturing  plants,  etc 585 

Under  rate-emergency  act — 
Temporary  use  of  vessels  mav  be  requi- 
sitioned       590 

Immediate  possession  may  be  taken  of 

property 591 

May  requisition  dry  docks,  wharves,  ter- 
minal facilities,  etc.,  during  war 591 

Just  compensation  to  be  made  for  dry 
docks,  terminal  facilities,  etc.,  taken 

over 591 

See  also  Commandeering  of  vessels. 

Retaliation  against  shippers,  unlawful 574 

Reversal  of  orders 579 

Rivers: 
Shipping  act  not  to  apply  to  navigat  ion  on. .      567 
Rate-emergency  act  not  to  apply  to  naviga- 
tion on 592 

Rules  of  procedure,  Board  may  adopt 569 

Rules  and  regulations: 
President   may  prescribe  in  operation  of 

vessels 589 

May  be  prescribed  for  use  of  terminal  facili- 
ties       591 

Sail  tags,  agreements  restricting  or  regulating.  575 

Salaries: 

Of  commissioners 569 

Of  other  employees 569 

Of  secretary 569 


Page. 

Sale  of  slock: 

In  corporations  organized  by  Board  572 

Proceeds  of,  permanently  appropriated 573 

Proceeds  of,  to  be  covered  into  Treasurj 

Sale  of  vessels: 

Approval  of  Board  necessary  to 571,582 

Bythe  Board 570 

Compel  it  ive  offering  required 572 

During  war  or  rial  ional  emergency 582 

Proceeds   of  sale   to,   to   be   covered   into 

Treasury 573 

Proceeds  of  sale  of,  permanently  appro- 
priated    573 

Public  notice  to  be  given  of  intended 572 

To  foreigners  restricted 571,582 

I'nii  t  for  service 570 

To  foreigners  to  be  approve, I  by  Board 582 

Secretary: 

Chosen  by  Board 569 

Excepted  from  civil  service 569 

Salary 569 

Secretary  of  Treasury: 

May  issue  bonds  on  request  of  Board 573 

May  fix  date  of  payment  of  bonds 573 

May  refuse  clearance  to  vessels 581 

Service  of  process  in  suits  for  enforcement  of 

orders 580 

Settlement  of  claims,  discriminations  in,  pro- 
hibited   574 

Sherman  antitrust  act, agreements  approved 

by  Board  excepted  from  operation  of. .  574 
Shipbuilding: 

Relativecostof.tobeinvestigatedby  Board  573 

Report  on,  to  Congress 573 

Corporations  of  Board  authorized  to  build..  571 

Board  authorized  to  have  ships  built 569 

Shipbuilding  plants,  transfer  of,  to  foreigners 

during  emergency  forbidden 582 

Ship-repairing  plants,  transfer  of,  to  foreigners 

during  emergency  forbidden 582 

Shipper: 
Disclosure  of  information  about  shipments 

without  consent  of 577 

Retaliation  against ,  forbidden 574 

Shipping  act,  to  be  cited  as  "Snipping  act, 

1916" 584 

Shipping  Board: 

Appointment  of  commissioners 568 

Chairman, selection  of 568 

Chartering  of  vessels  by 569 

Created 568 

Employees  of 569 

Effect  of  vacancy  on 569 

E  xpenses  of 569 

Findings  of,  as  evidence 580 

Formation  of  corporations  by 571 

Investigations  by 572, 578, 579 

See  also  Investigations. 

Leasing  of  vessels  by 569 

Maximum  rates, etc.,  to  be  filed  with 576 

May  require  filing  of  reports,  rates,  memo- 
randa, etc 578 

Members  of,  not  to  engage  in  other  business.  578 

Orders 578 

See  also  Orders. 

Operation  of  ships  by 571 

Seealso  Ships;  Operation  of  vessels. 

Purchase  of  vessels  by 569, 571 

Qualifications  of  commissioners 568 

Reports  to  be  made  by 572, 573 .  579 

Sale  of  vessels  by 570,572 

Secretary,  appointment  and  salary 569 

Salaries  of 569 

Terms  of  offices  and  commissioners 568 

To  be  nonpartisan 569 

Vice  chairman 568 

Ships: 

Definition  of  term 586 

Requisition  of.  authorized 585 

Definition  of  term  "vessel" 568 

Fighting  ships  defined 574 

Use  of  fighting  ships  forbidden 574 

See  also  Vessels. 
Ships,  fighting: 

Defined 574 

Use  of,  forbidden 574 


600 


NAVIGATION    LAWS   OF   THE   UNITED   STATES. 


Page. 
Shipyards: 

Included  in  term  "plant  " 586 

Requisitioned  of,  authorized 585 

Not  to  be  sold,  i  "<"  [aged,  etc.,  to  foreign- 
ers without  approvalof  Board 582 

Totakeovertransportationfacilitiesaround      585 
Just  compensation  to  be  paid  for  transpor- 
tation facilities  taken  over  around 587 

Space  aceommodat  ions: 
Clearance  may  be  withheld  for  refusal  of . . .      5S1 

Discriminations  in  matter  of 574 

Refusal  of  by  way  of  retaliation 574 

States:  Property  of,  exempt  from  requisition, 

titleof 592 

Status  of  vessels  acquired  from  Board 580 

Statutes  of  limitation,  suit  for  payment  of 

money 581 

Stevedoring: 
May  prescribe  rates,  terms,  and  conditions 

for  useofserviceof,  during  emergency..      591 

Priority  in  useof  serviced ,  during  war 591 

Storing  of  property: 
Practices  connected  with,  must  be  reasona- 
ble       576 

President,  may  make  rules  and  regulations 

regarding,  during  emergency 589 

Priority  in   use  of  storage  houses  during 

emergency 591 

Street  railroads: 

To  take  over 584 

Just  compensation  to  be  paid  for 5S7 

Submarine  regulations,  President  may  pre- 
scribe        589 

Submarine  zone,  President  may  exclude  ves- 
sels from  danger  zone 589 

Subpoena: 

Board  to  have  power  to 579 

May  be  signed  by  any  commissioner 579 

Obedience  to,  may  be  enforced  in  courts.. .      580 

Successors  subject  to  the  act 568 

Suits: 
For  enforcement  of  orders  of  Board— 
For  payment  of  money  must,  be  brought 

within  one  year 580 

May  be  maintained  where 581 

Other  than  for  payment  of  money 5S0 

Venue  and  procedure  in 581 

Under  rate-emergency    law  to  be    brought 

in  Courtof  Claims 592 

Suspension  of  contracts: 

Authorized 5S5 

Compensation  to  be  made  for 586 

Suspension  of  orders 579 

Taking  of  vessels: 
See  also  Commandeering  of  vessels;  Requi- 
sitioning. 
Tariffs: 
Board  may  prescribe  just  and  reasonable ...      577 

Must  be  just  and  reasonable 577 

Tariff  act  of  1894:  Agreements  approved  by 

Board  excepted  from 575 

Tender  of  cargo:  Duty  to  accept 5S1 

Tender  of  vessels  to  Board  required 571 

Terminal  facilities: 

Furnishers  of,  sul  >ject  to  shipping  act 567 

May  lease  or  requisition  during  emergency. .      591 
May  prescribe  rates,  terms,  and  conditions 

for  use  of,  during  emergency 591 

To  be  operated  as  President  may  direct 

during  emergency 592 

Priority  in  use  of,  during  emergency 591 

Terminal  railroads,  priority  in  use  of,  during 

emergency 591 

Termination  of  authority: 

In  emergency  shipping  act 586 

Rate-emergency  act 588 

Of  corporations  organized  under  Board 572 

Terms:  May  be  prescribed  for  use  of  dry  docks, 
wharves,  lighterage,  terminal  facilities, 

etc.  .during  emergency 591 

Tickets:  Practices  connected  with  issuance, 

etc.,  to  be  just  and  reasonable 576 

Traffic  accounts,  disclosure  of  information  in 

connection  with  adjustment  of 577 

Tramp,  ocean: 

Denned 567 

Not  a  common  carrier 567 


Page. 

Transfer  of  vessels: 

Acquired  from  Board 570 

During  war  or  national  emergency 570.5.S2 

Of  War  or  Navy  Departments  to 'Board ....     570 
To  foreign  flag  or  ink-rest 570, 582 

Transportation  facilities: 
Authorized  to  take  over  around  shipyards..     585 
Just  compensation  to  be  paid  lor 587 

Transporting  property,  practices  connected 

with,  to  be  Jusl  and  reasonable 576 

Traveling  expenses: 

Of  employees  of  Board 569 

Of  members  of  Board 569 

Of  witnesses  before  Board 5X0 

Trustees  subject:  to  the  act 568 

Unconstitutionality: 
If  part  of  shipping  act  held  invalid,  nol  to 

affect  remainder 581 

If  part  of  rate-emergency  law  declared  in- 
valid, not  to  affect  remainder 592 

Understandings   included  in   term    "agree- 
ment."   Sec  Agreements. 
Undue: 
Preferencesor  advant  ages,  giving  of,  unlaw- 
ful       575 

Prejudice  or  disadvantage,  giving  of,  unlaw- 
ful       575 

Penalty 581 

Unfair  or  unjust  device  or  means:  Use  of,  to 

obtain  lower  rates  forbidden 576 

United  States: 

Definition  of  term  in  shipping  act 5S8 

Court  of  Claims  to  have  jurisdiction  of 
claims  against,  under  fate-emergency 

act 592 

Court  of  Claims  to  have  jurisdiction  of 
claims  against,  under  emergency  ship- 
ping act 586 

United  States  citizen.     See  Citizens  of  the 

United  States. 
United  States  Shipping  Board.      See  Ship- 
ping Board. 
United  States   Shipping  Board   Emergency 
Fleet    Corporation.       See    Emergency 
Fleet  Corporation;  Corporations. 
Unreasonable: 
Preference  or  advantage,  giving  of,  unlaw- 
ful       575 

Prejudice  or  disadvantage,  giving  of,  un- 
lawful       576 

Penalty  for 581 

Rates,  fares,  classifications,  etc.,  forbidden. .      576 

Vacancy: 

Ettect  on  Board  of 568 

How  filled 568 

Venue  and  procedure. 5S1 

Vessels: 
Under  shipping  act- 
Construction  of  authorized— 

In  American  shi i ivards 569 

In  foreign  shipyards 569 

In  United  States  navy  yards 569 

Chartering  of 569, 570, 572 

Commandeering  of 571 

Compensation  for.  taken  for  military  and 

naval  purposes 571 

Definition  of  term 56S 

Discrimination  against, by  foreign  Govern- 
ment    579 

Enrollment  of 570 

Foreign  vessels  (sec  Foreign  vessels)— 

Admission  to  American  registry 570 

Admission  to  coastwise  trade 570 

Licensing  as  A  merican  vessels 570 

Leasing  of 569, 570, 572 

Operation  of— 

By  corporation  formed  by  Board 571 

Only  under  American  flag 571 

Proceeds  of  sale,  lease,  and  charter  of 573 

Purchase  of— 

By  Board 569 

By  corporation  formed  by  Board 571 

Limitations  upon 570 

Refusal  of  clearance  to 581 

Registration  as  American  vessels 570 


INDEX    TO    SHIPPING    ACT.    L916. 


60] 


Page. 
Vessels— Continued. 
Under  shipping  act— Com  inued. 
.  of— 

By  Hoard 570 

During  war  or  national  emergency.     .')7ii ,:>s\ 

ToBoard 

Unfit  for  service 570 

See  also  Saleol  vessels. 
Taking  of,  for  naval  or  military  purposes     .r>7l 

Transfer  of,  acquired  from  I  ;oard 570 

During  war  or  national  emergency.     570,582 
Which  may  nol  hi' purchased  by  Board..     570 
Under  emergency  shipping  act— 
Authorized  to— 

( Irder  Ships  or  materials 584 

Requisition,  etc.,  contracts  for  ships,  etc.      584 
Purchase,  requisition,  etc.,  ships  and 

charters 584 

"Vessel  "  Included  in  term  "ship" 586 

Under  rate-emergency  act- 
Board  may  requisii  ion  temporary  use  of..      590 
Requisitioned    under  rate-emergency  act 
to  be  operated  as   President   may  di- 
rect        592 

May  require  master  to  place  at  service  of 

United  States 590 

President  to  pay  j  ust  com  pensa  t  ion  for . . .      590 
See  also  Ships. 
Violation  of  orders: 

<  >t  Iter  t  han  for  payment  of  money 580 

For  payment  of  money,  remedy  for 580 

Penalties  for.    Set  Penalties. 

Suits  for,  where  brought 580 

Voyages: 
Of  vessels  may  be  directed  during  emi  r- 

gency 589 

President  may  regulate  in  submarine  zone. .      589 


Page. 

U  ii. 

Conclusion  of  European,  to  b    i 

bj  President 

ence  ot,  to  be  proclaimed   bj 

dent 570. 5*2 

Transfer  of  vessels  during 

War  Department: 

Vessels  of,  maj  betran  Ferred  to  Board 570 

Warehouse  facilities,  furnishers  of,  subject  to 

this  act 567 

Warehouses: 

\i  ".  lea     orn  on  duringwar 591 

To  be  operated  as  Presidenl  may  direct  dur- 
ing war 592 

May  pic  -.  Ml  '<  ■   rates,  terms,  and  conditions 

for  useof,  during  war 591 

Priority  in  use  oi,  during  war 591 

Water  craft,  included  in  term  'Missel" 5»>S 

Weighing,  false,  to  Obtain  Inner,  unlawful 576 

Wharfage,    persons    engaged    in    furnishing, 

subject  toshipping  act 567 

Wharves: 
May  lease  or  requisition  during  emergency.     591 
To  be  operated  as  Presidenl  maj  direct 

during  emergency 592 

May  prescribe  rates,  terms,  and  conditions 

for  useof,  during  emergency 591 

Priority  in  useof,  during  emergency 591 

Wilson  Tariff  Law  (tariff  act  of  1894):  Agree- 
ments approved   by    Board  excepted 

fromantit  rust  provision  of 575 

Witnesses: 

Entitled  to  fees  and  mi'eage 580 

Kxempt  ion  from  prosecution ,    .      580 

May  be  summoned  bysubpiena 580 

Not  excused  on  ground  oflncrimination . . .      580 
Perjury  of,  may  be  punished 580 


TABLE  OF  LAWS  INCLUDED  IN  THIS  VOLUME. 


[A  general  alphabetical  Inde 


given  on  p.  615,  and  a  separate  index  to  tl 
on  p.  593.] 


shipping  acl  appears 


The  following  table  gives  the  sections  of  the  Revised  Statutes,  with  dates  of 
amendatory  acts,  included  in  this  compilation,  with  the  page  of  this  volume  on 
which  they  may  be  found. 

The  table  beginning  at  page  610  gives  the  dates  of  acts  and  parts  of  acts  subse- 
quent to  the  Revised  Statutes  (Dec.  1, 1873),  with  dates  of  amendatory  acts,  included 
in  this  compilation,  with  the  page  of  this  volume  on  which  they  may  be  found. 

SECTIONS  OF  THE  REVISED  STATUTES. 


Section 
Revised 
Statutes. 

Page  of 

this 
volume. 

Enacted— 

Amended  or 
affected— 

Section 
Revised 
Statutes. 

Pago  of 

this 
volume. 

Enacted— 

Amended  or 
affected— 

3 

15 

July  18,1866 
Juiie  29, 1S70 

1958 

285 

July  27,1868 

M-ir. 
Feb. 

3,1899 

14,1903 

431 

399 

June  21,1866 

1959 

285 

Mar.     3,1869 

Mar. 

3, 1899 

432 

399 

do 

Feb. 

14,1903 

728 

100 

Aug.     8. 1846 

Apr. 

21, 1910 

Mar.    3,1911 

1960 

July     1,1870 

Mar. 

24,  l,s74 

730 

486 

Apr.  3o',  1790 

Mar. 

3, 1899 

Apr.  20,1818 

Feb. 

14,1903 

May   15,1820 

Apr. 

21,1910 

Mai".    3,1^25 

1961 

do 

Mar. 

3  1899 

Mar".    3*  1M7 

Apr. 

21 '.  1910 

851 

100 

Feb.  26,1853 

1973 

537 

Mar.    5, 1872 

Feb. 

14,1903 

923 

483 

Aug.     4, 1790 
Dec.  31.1792 

1975 
1976 

538 
538 

Mar.     5, 1892 
do 

Feb.  18,179s 
Mar.    2, 1799 

2174 

June     7, 1872 

May 

9, 1918 

2497 

iso 

Mar.     1,1817 

July 

24, 1897 

939 

483 

Aug.    4,1790 
Dec.  31,1792 

Aug. 
Oct. 

5,1909 
3, 1913 

Feb.  18,1793 

2502 

187 

June  30,1864 

Aug. 

27, 1894 

Mar.    2, 1799 

Aug. 

5,1909 

940 

483 

Aug.    4, 1790 

Oct. 

3,1913 

Dec.  31,1792 

2507 

248 

Mar.     3, 1843 

July 

24. 1897 

Feb.  18,1793 

Aug. 

5, 1909 

Mar.    2, 1799 

2511 

247 

Feb.    19,1869 

July 

24, 1897 

Apr.    5,1832 

Aug. 

.">.  1909 

941 

117 

Aug.    4, 1790 
Dec.  31,1792 
Feb.  18,1793 
Mar.    2, 1799 

Mar. 

3, 1899 

2513 

247 

June    6, 1872 

July 

Aug. 
Aug. 
Oct. 

24, 1897 
5, 1909 

21, 1912 
3, 1913 

Mar.    3, 1847 

2514 

247 

do 

July 

24, 1897 

970 

484 

Mar.    2,1799 
Feb.  24,1807 

Aug. 
Oct. 

5, 1909 
3, 1913 

971 

484 

Mar.     2, 1799 

2520 

223 

May   10,1800 

978 

484 

July  22,1813 

2524 

223 

Feb.  25,1801 

979 

484 

.....do... 

2537 

223 

Jan.    26,1848 

1433 

251 

Feb.  20,1845 

2540 

223 

do 

1536 

398 

Dec.   22,1837 

Aug.  31,1852 

1580 

451 

July   18,1861 

July 

1,1902 

2554 

225 

May   26,1824 

July    14,1862 

June  29, 1906 

May   28,1830 

1581 

451 

July    18,1861 

July 

1,1902 

2581 

223 

June  16, 18fi0 

Feb. 

14, 1903 

Apr.  17,1862 

June 

29,1906 

2588 

223 

June  14,1870 

Mar. 

2, 1907 

2589 

225 

do 

1707 

250 

Apr.  14,1792 

2590 

224 

do 

1708 

250 

Aug.  18,1856 

Feb. 

14, 1903 

2621 

507 

Mar.     2, 1799 

1718 

250 

....tdo... 

June  26 

2622 

508 

do 

1719 

251 

do 

2623 

508 

do 

1720 

251 

Aug.    5, 1861 

2624 

508 

do 

1721 

251 

June  20,1864 

2625 

508 

do 

1954 

284 

Julv    27,1868 

May 

17, 1884 

2626 

508 

do 

1956 

293 

.....do... 

Mar. 

2,1889 

2627 

508 

do 

Feb. 

21,1893 

2628 

509 

do 

Mar. 

3, 1899 

2629 

509 

do 

Feb. 

14, 1903 

2630 

510 

do 

Apr. 

21,1910 

Mar.     3,1817 

603 


604 


NAVIGATION     LAWS    OF    THE    UNITED   STATES. 
Sections  of  the  Revised  Statutes — Continued. 


Section 

\ir\  i  ed 

Page  of 
this 

Enacted 

Amended  or 
affected— 

Section 
Ee  vised 

1 'age  of 
this 

Enacted 

Amended  or 
affected- 

Statutes. 

volume. 

Statutes. 

volume. 

2631 

510 

Mar.     3, 1873 

2806 

216 

Mar.     2,1799 

Sept.  30,1890 

2632 

510 

Mar.     2, 1799 

2806 

217 

do 

2633 

510 

Julv    18,1866 

2807 

217 

do 

June    3,1892 

July   27,1868 

2808 

218 

do 

2634 

510 

May     7, 1822 

2809 

218 

do 

2635 

510 

Mar.     2, 1799 

2810 

218 

do 

2636 

510 

do 

2811 

218 

do 

2637 

511 

do 

July  18,1866 

2638 

511 

do 

2812 

219 

Mar.     2, 1799 

2639 

511 

do 

Julv    31,1894 

2813 

219 

do 

Mar.     3, 1849 

2814 

219 

do 

2640 

511 

Mar.     2, 1799 

Feb.    14,1903 

2815 

219 

do 

2641 

512 

May     7, 1822 

Do. 

2816 

220 

Mar.     2,1867 

2642 

512 

Mar.     2, 1799 

2817 

220 

Mar.     2, 1857 

2643 

512 

Mav     7, 1822 

2818 

220 

Aug.    3,1854 

2644 

512 

Mar.     3, 1863 

2819 

220 

do... 

2645 

512 

Feb.   11,1846 

2820 

220 

Mar.     3,1857 

2646 

513 

July   28,1866 

Feb.    14,1903 

Jan.    27,1858 

2647 

513 

Mar.    3, 1841 

Do. 

Feb.   27,1877 

Mar.     3, 18,57 

2821 

221 

Julv    14,1870 

July    18,1866 

2822 

221 

Mar.     2,1831 

2648 

513 

July    14,1862 

Sept.  28, 1850 

2649 

536 

May   12,1870 

Aug.  15,1876 
Feb.   14,1903 

2823 

221 

Mar.     2,1831 
Sept.  28,1850 

2651 

536 

do 

Aug.  15,1876 

Aug.  31,1852 

2652 

537 

Aug.  30,1842 

Feb.     2,1851 

2653 

537 

July    18,1866 

Aug.    2,1854 

2747 

327 

Mar.     2, 1799 
Mar.    3, 1845 
July    20,1868 

Aug.     3,1854 
Mar.  11,1864 
July     1,1864 

2758 

327 

Julv    25,1861 

July     7, 1870 

2759 

398 

Julv    15,1870 

July   11,1870 

2760 

329 

Mar.     2, 1799 

July   14,1870 

2761 

532 

do 

2825 

221 

Mar.     2, 1831 

Mar.     3,1897 

2762 

532 

do 

2826 

225 

do 

2763 

329 

do 

2827 

225 

do 

2764 

329 

do 

2828 

226 

do 

2765 

329 

do 

2829 

222 

do 

2766 

208 

June  22,1874 

2830 

226 

do 

2767 

208 

do 

2832 

222 

June  30,1834 

2768 

208 

do 

July     7, 1838 

2769 

208 

Mar.     2, 1799 

2833 

222 

June  30.1834 

2770 

209 

do 

2834 

220 

Mar.     2, 1799 

Mar.    3, 1897 

2771 

209 

do 

2836 

222 

Mar.     3, 1801 

Apr.  24,1816 

2867 

226 

Mar.     2,1799 

May     7, 1822 

2868 

227 

do 

Feb.  22,1827 

2871 

227 

Mar.     3, 1873 

June  30, 1906 

Feb.   13,1837 

Feb.  13,1911 

2771' 

209 

Mar.     2, 1799 

2872 

229 

Mar.     2, 1799 

June  26,1884 

May    10,1800 

2873 

229 

do 

Feb.  25,1807 

2874 

229 

do 

2773 

210 

Mar.     2, 1799 

2875 

230 

do 

2774 

209 

do 

2876 

230 

do 

2775 

210 

do 

2877 

230 

do 

Mav      1,1872 

2878 

231 

do 

2776 

211 

Mar.     2, 1799 

June  26,1884 

2879 

231 

do 

Feb.  22,1805 

2880 

232 

do 

Mav     9, 1896 

2777 

211 

Mar.     2, 1799 

Mar.     2, 1861 

2778 

211 

do 

2881 

232 

Mar.     2, 1799 

June     3, 1892 

2779 

212 

do 

2883 

233 

do 

2780 

212 

do 

2884 

233 

do 

2781 

212 

do 

2887 

233 

do 

2782 

213 

do 

2SNS 

234 

do 

2783 

213 

do 

2889 

234 

do 

2784 

213 

Mar.     2, 1799 

2891 

234 

do 

2790 

195 

do 

2892 

235 

do 

2791 

213 

do 

2893 

235 

do 

2792 

213 

June    4,1872 

2894 

235 

do 

2793 

214 

Feb.   10,1871 

2895 

235 

Feb.  14,1805 

2794 

214 

Mar.     2, 1799 

2896 

235 

Mar.     2, 1799 

2795 

214 

do 

2966 

239 

Aug.    3, 1854 

June  26,1884 

2796 

214 

do 

2967 

224 

Sept.  28,1850 

2797 

215 

do Mar.     3,1897 

2968 

224 

Mar.     2, 1867 

2798 

215 

July     7,1838 

2969 

233 

Mar.     2, 1799 

2799 

215 

Mar.     2, 1799 

2981 

246 

Mar.     2, 1867 

Mav   21.1S96 

Mar.     3,1823 

2982 

450 

July   14,1862 

Aug.     5,  1909 

2800 

216 

Mar.     2, 1799 

<  >d  .     3, 1913 

2801 

216 

do 

2998 

236 

Julv   14,1870 

2802 

216 

do 

2999 

538 

Mar.  28,1854 

Feb.    14.1903 

2804 

216 

July  28,1866 

Aug.  27,1894 

3000 

236 

do 

Do. 

TABLE   OF  LAWS.  605 

Sections  of  the  Revised  Statutes— Continued. 


Revised 

Page  of 

this 
volume. 

i'i:  icted 

Amended  or 

atlVoted— 

Section 

Kr\  i  ed 
Statutes. 

I'agc  of 

tbis 
volume. 

Enacted— 

Amended  or 
aiTected— 

3001 

230 

Mar.  28,1854 

Feb.  n,  1903 

3117 

258 

July    1,1870 

July    14,1862 

3118 

259 

do 

3002 

237 

Mar.      3,1845 

Do. 

3119 

259 

do 

Aug.  30,1852 

3120 

259 

July    18,1866 

I'd).    14,1003 

287 

...do 

3121 

200 

July     1, 1870 

10   ■ 

Apr.  30,1872 

Sept.  25,1890 

3122 

25!) 

do 

3005 

238 

July  28,1866 

Mi\    21,1900 

3123 

260 

do 

July     1,1902 

3121 

260 

do 

Do. 

3006 

238 

do 

3125 

260 

do 

3007 

238 

June    4, 1872 

3126 

260 

May   27,  IMS 

3008 

Mar.     3, 1845 

3127 

261 

.....do 

Vug.  30,1852 

3128 

261 

Mar.     3,1817 

212 

Mar.     2, 1799 

3129 

261 

Sept.  26, 1850 
July   12,1870 

Do. 

212 

Mar.     1,1823 

3679 

540 

Mai.     3,1905 

Feb.     2, 1831 

Feb.  27,1906 

3058 

243 

Mar.     2, 1799 

Feb.   23,1887 

3969 

320 

June    8, 1872 

3059 

198 

July   18,1866 

3970 

320 

do 

198 

.....do 

3976 

320 

do 

June  26,1884 

3063 

202 

do 

Feb.     8,1881 

3977 

320 

do 

Repealed, 

Mar.  4, 1909 

3067 

L98 

Mar.     2, 1799 

3068 

198 

do 

397S 

321 

do 

3069 

199 

do 

3987 

321 

do 

3070 

231 

do 

3988 

321 

.....do 

Do. 

3071 

199 

July   18,1866 

3989 

321 

do 

3072 

L99 

Mar.     2, 1799 

3990 

321 

do 

3073 

199 

....do -. 

3991 

322 

do 

3074 

199 

Apr.     2, 1844 

3992 

322 

do 

Aug.     8, 1846 

4006 

322 

do 

Feb.  28,1865 

4007 

322 

do 

July   18,1866 

4008 

322 

do 

July   28,1866 

4009 

322 

do 

3075 

200 

Apr.     2, 1844 

4010 

323 

do 

Feb.  28,1865 

4011 

323 

do 

July    18,1866 

4012 

323 

do 

3076 

200 

Apr.     2, 1844 

4015 

323 

do 

July    18,1866 

4079 

98 

June   11.  L864 

3077 

200 

Apr.     2, 1844 

4080 

99 

do 

May  28,1896 

July    18,1866 

10S1 

99 

do 

3078 

201 

do 

Feb.    14,1903 

4131 

15 

Dee.  31,1792 

Do. 

3079 

201 

Apr.     2, 1844 
July   18,1866 

Do. 

56 

do 

June  26,1884 
May    28,1896 

201 

do... 

Aug.  is,  1911 

3081 

202 

Mar.     3,1863 

1132 

15 

do 

Vug.  21,  L912 

3082 

243 

Mar.     2, 1799 
July   18,1866 

Oct,      3, 1913 
Aug.  18,1914 

3083 

202 

May   29,1830 

Mar.     4, 1915 

3084 

202 

July    18,1866 
Mar.     3,1873 

317 

do 

Aug.  24,1912 
Aug.   18,1914 

3085 

202 

July   18,1866 

1135 

18 

Feb.   10,1866 

Mar.     3, 1873 

4130 

17 

July   23,1866 

Feb.  24,1915 

3086 

202 

July   18,1866 

1137 

40 

Mar.     3, 1825 

3087 

203 
203 

Mar.     2, 1799 
July   18,1866 

4138 

40 

.do 

Dee.   23,1852 

3089 

203 

Mar.     2, 1799 

4139 

40 

Mar.    3,1825 

June  24,1902 

309-1 

207 

do 

4141 

36 

Dec.  31,1792 

3095 

252 

do 

Apr.   27,1904 

4142 

35 

do 

3096 

252    do 

July  29,1850 

3097 

253    do 

4143 

36 

Dec.  31,1792 

3098 

253 

Mar.     2, 1821 

4144 

36 

do 

July   18,1866 

4146 

39 

do 

Jan.    16,1895 

3099 

253 

Mar.     2, 1821 

Feb.   14,1903 

Mar.     3, 1823 

4117 

35 

do 

July   18,1866 

Ills 

25 

do 

3100 

254 

June  27,1864 

May     6, 1864 

3101 

254 

do 

1149 

25 

Dec.    31,1792 

3102 

254 

do 

4150 

25 

May     6,1864 

3103 

255 

do 

Feb.   14,1903 

1151 

26 

Feb.  28,1865 

3104 

255 

do 

1152 

34 

May     6,1864 

3105 

255 

do 

1153 

26 

do... 

3106 

256 

do 

28 

do 

Mar.     2, 1S95 

3109 

256 

July    18,1866 

Feb.   17,1898 
Feb.    14,1903 

29 

do 

Aug.     5, 1882 
Mar.     2,1895 

3110 

252 

do 

30 

..     .do 

Mar.     3,1897 

3111 

256 

do 

Feb.  10,1871 

31 

do 

do 

Mar.     2,1895 
Aug.    5,1882 

3112 

256 

July    18,1866 
Feb.   10,1871 

33 

do 

June   19,  1886 
Mar.   2,    1895 

3113 

257 

July    18,1866 

Feb.  14,1903 

Feb.    10,1871 

1154 

34 

Mar.     2.1799 

Aug.     5.  lsv2 

'.111 

257 

July   18,1866 

Feb.  11,1903 

3115 

258 

do 

4155 

3S 

Dee.   31,1792 

Jan.    16,1895 

3116 

258 

July     1,1870 

July    29.  1850 

606  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

Sections  of  the  Revised  Statutes — Continued. 


Section 
Revised 

Paw  of 
this 

Enacted— 

Amended  or 
affected— 

Section 
Revised 

Pace  of 
this 

Enacted — 

Amended  or 

Statutes. 

volume. 

Statutes. 

volume. 

affected- 

4156 

39 

Dec.   31,1792 

4222 

180 

July   20,186S 

June  26,1884 

ur,: 

39 

Mar.     3, 1813 

Feb.   14,1903 

Feb.  14,1903 

4158 

39 

Dec.  31,1792 

July     5,  ISM 

4225 

180 

Mar.  27,1804 

Feb.  14,1903 

4226 

180 

Mar.    3,1805 

4159 

37 

do 

194 

do 

4160 

37 

do 

4227 

177 

Apr.  27,1816 

4161 

37 

do 

Jan.    If.lsi: 

U62 

37 

do 

4228 

178 

May   24,ls2s 

Apr.  30,1900 

4163 

38 

do 

Mav  31,1830 

July  24,1897 

4164 

41 

Mar.     2. 1797 

July      5,1884 

July    13.1832 

4166 

4167 

41 

Mar.     2,1803 

4229 

179 

May   24.182s 

42 

Dec.   31,1792 

4230 

179 

....:. do 

4168 

44 

do 

4231 

179 

Mar.     1,1869 

4169 

44 

do 

4233 

392 

Apr.  29,1864 

June  19,1886 

4170 

41 

do 

Do. 

Mar.     3, 1893 

4171 

41 

do 

Do. 

Feb.    8, 1895 

4172 

43 

do 

Mar.    3, 1897 

4173 

194 

do 

Mar.    3, 1905 

4174 

44 

do 

Do. 

4235 

175 

Aug.    7,1789 

4175 

44 

do 

Jan.    16, 1S95 

4236 

175 

Mar.    2, 1837 

4176 

39 

do 

Julv     5, 1884 

4237 

175 

Julv    13,1866 

4177 

21 

July   28,1866 

Do. 

4238 

325 

Apf.   14,1792 
Mar.    3, 1825 

June  19,1886 

4239 

326 

4178 

21 

Dec.  31,1792 

June  26, 1884 

4240 

326 

do 

Feb.  21 ,  1S91 

4241 

326 

Feb.  23,1847 

Jan.    20, 1S97 

4250 

61 

Apr.    9,1872 

4179 

22 

May     5, 1S64 

Mar.     2,1881 

4251 

82 

Julv   20,1846 

July     5, 1884 

4278 

158 

July     3,1866 

Feb.  14,1903 

4279 

158 

do 

41  SO 

51 

Dee.  31,1792 

4280 

158 

do 

4181 

52 

do 

4281 

114 

Feb.   28,1871 

4182 

52 

do 

Julv     5, 1884 

4282 

114 

Mar.    3, 1851 

4183 

53 

do 

'Do. 

4283 

114 

do 

4184 

53 

do 

4284 

115 

do 

4187 

53 

do 

4285 

115 

do 

4188 

53 

do 

4286 

115 

do 

4189 

54 

July    18,1866 

4287 

115 

do 

4190 

54 

Mar.  26.1810 

4288 

115 

do 

June  26, 1884 

4191 

54 

Mar.     2, 1803 

June  19,1886 

4192 

42 

July   29,1850 

4289 

116 

do 

Do. 

4193 

42 

do 

June  19,1886 

4290 

112 

June    7,1872 

Feb.  14,1900 

Mar.     3, 1865 

4291 

113 

do 

4194 

42 

July   29,1850 

Do. 

4292 

113 

do 

4195 

43 

do 

4293 

494 

Mar.    3,1819 

4196 

43 

do 

Jan.    30, ls23 

4197 

190. 

Mar.     2, 1799 

Apr.   29,1902 

4294 

494 

Mar.    3,1819 

4198 

190 

do 

Do. 

Jan.   30.1S23 

4199 

191 

do 

Do. 

4295 

494 

Mar.    3.1819 

4200 

191 

Feb.   10,1820 

Do. 

Jan.   30,  is2:i 

4201 

192 

Mar.     2, 1799 

Do. 

4296 

494 

Mar.    3,1819 

4202 

192 

do 

Do. 

Jan.    30,1823 

4204 

192 

July     4, 1864 

Aug.    6,1861 

4205 

193 

Mar.     3, 1833 

4297 

495 

Aug.    5,1861 

4206 

193 

Mar.     3, 1797 

June  19,1886 

4298 

495 

....  .do.. 

Mar.     2, 1799 

4299 

495 

do 

4207 

193 

Aug.  18,1856 

4300 

484 

June  11,1864 

4208 

225 

Mar.     3,1817 

4301 

485 

do 

May     6, 1822 

4302 

485 

do 

4209 

195 

Mar.    3,1817 

4303 

485 

do 

4210 

195 

do 

4304 

485 

do 

4211 

195 

do 

4305 

485 

Dec.  31,1792 

Aug.  23,1842 

4306 

196 

June    1,1796 

4213 

195 

Aug.  18,1856 

June  26,1884  ( 

Feb.  12.1S31 

4214 

20 

Aug     7, 1848 

Mar.    3,1883 

4307 

196 

June    1,1796 

June  29,1870 

Jan.    16,1895 

4308 

196 

Mar.    2, 1803 

Feb.   14,1903 

4309 

196 

Feb.  2s,  1803 

Aug.  20,1912 

4310 

196 

do 

4215 

20 

Aug.    7,1848 

1 

4311 

18 

Feb.   18,1793 

4217 

20 

June  29,1870 

Feb.   14,1903 

4312 

45 

do 

4218 

21 

do 

Aug.  20,1912 

4313 

49 

Mar.    3,1825 

4219 

179 

July  20,1790 

June   26,i884 

4314 

49 

do 

June  24,1902 

Apr.  27,1816 

June  19,i886 

4315 

49    do 

Jan     14,1817 

4316 

18     Mar.  12,1812 

Mar.     1,1817 

4317 

18    do 

Mar.    3,1817 

July  24,1897 

4318 

18 

June  17.1S64 

May  31,1S30 

Apr.  30,1900 

4319 

46 

Feb.  18,1793 

Jan.    16,1895 

July   14,1862 

Mav  28,1908 

July   29,1850 

Apr.  24,1906 

June  28,1864 

Aug.    5,1909 

4320 

45 

Feb.  18,1793 

Jan.    16,1895 

Mar.    3,1865 

Feb.  14,1903 

4220 

177 

Julv   14,1870 

Apr.  30.1900 

4321 

47    do 

Jan.    16,1895 

4221 

178 

Mar.     3.1869 

May  24,1828 

Apr.  24,1906 

TABLE   OF  LAWS.  607 

Sections  of  the  Revised  Statutes — Continued. 


Section 
Revised 

Statutes. 

Pai-'e  of 

this 
volume. 

Exacted           M£-OT 

Section 
Revised 

Statutes. 

Paw  of 

this 
volume. 

Enacted— 

Amended  or 
affected  - 

4322 

45 

Feb.  18,1793 

4394 

75 

June  19,1813 

4323 

45 

do 

July     5,1884 

4399 

119 

Feb.   28,1871 

Jan.    18,1897 

Jan.     16,1895 

4400 

119 

do 

Aug.     7, 1882 

4324 

48 

do 

Mar.     1,1895 

4325 

48 

Feb.    18,1793 

Apr.  24,1906 

Feb.   15.1902 

4326 

48 

do 

Mac.   17,10116 

4327 

49 

do 

July   18.1866 

1401 

175 

do 

Aug.  10,1800 
Feb.     8,1895 

4328 

50 

Feb.   28,1865 

Apr.    17,1874 

June    7, 1897 

Jan.    16,1895 

4402 

514 

do 

Julv     2,1918 

4329 

49 

Mar.     2,1797 

July     5,1S84 

44P3 

514 

do 

Feb.   14,1903 

4330 

257 

July    18,1866 

4404 

514 

do 

Julv     2,1918 

4331 

19 

Feb    18.1793 
May    6, 1864 

4405 

515 

do 

Mar.     3, 1905 
Fob.     8, 1907 

4332 

50 

Feb.   18,1793 

4406 

162 

do 

4333 

48 

do 

Do. 

41117 

162 

do 

Feb.    14,1903 

4335 

49 

do 

4408 

515 

do 

4336 

51 

do 

1409 

516 

do 

433" 

193 

do 

4410 

516 

do 

May   22,1912 

4338 

193 

do....'... 

4411 

516 

do 

4339 

18 

Apr.     4, 1840 

4412 

395 

do 

Aug.  19,1890 

4340 

50 

Feb.  25,1865 

Feb.     8,1895 

4341 

51 

Feb.  28,1867 

June     7, 1897 

4342 

51 

Mar.     3, 1849 

4413 

395 

do 

Do. 

4343 

51 

do 

4414 

516 

do 

Apr.     9, 1906 

4344 

51 

Feb.   11,1830 

Feb.   14,1903 

Mar.     3, 1873 

Mav   28,1908 

4345 

51 

Jan.   26,1848 
Aug.  31, 1852 

Do. 

Mar.     4, 1913 
Julv     2,1918 

4346 

51 

Feb.   11,1830 

4415 

519 

Feb.   28,1871 

Mar.     3, 1905 

4347 

268 

Mar.     1,1817 

Mar.     3, 18S3 

4416 

519 

do 

Do. 

Mar.    3, 1873 

June  19,1886 
Feb.   15,1893 

4417 

104 

do 

Dec.   21,1898 
Mar.    3, 1005 

Feb.   17,1898 

4418 

127 

do 

June  19,1886 

4348 

262 

Mar.     2, 1819 

May    12,1906 

Mar.    3, 1905 

Mav     7, 1822 

4419 

127 

Feb.   28,1871 

4349 

262 

Feb.   18,1793 
Mar.     2. 1819 

4420 

127 

Dec.   17,1872 
Jan.     6,1874 

4350 

263 

Feb.   18,1793 

July   12,1876 

4421 

100 

Feb.  28,1S71 

June   11,1906 

4351 

263 

do 

Mar.     2, 1819 

Do. 

June  25,1910 
Mar.     4, 1915 

4352 

264 

Feb.   18,1793 

Do. 

4422 

153 

do 

Do. 

4353 

264 

do 

Do. 

4423 

161 

do 

Mar.     3, 1905 

4354 

265 

do 

Do. 

Mar.     4,1915 

4355 

265 

do 

Do. 

4424 

101 

do 

Mar.     4,1915 

Mar.     2, 1819 

4425 

521 

do 

4356 

266 

Feb.  18,1793 

Do. 

4426 

120 

do 

June  25,1890 

4357 

267 

Mar.     2,1795 

Dec.  22,1890 

4358 

284 

July  27,186S 

.Tan.    18,1807 

4359 

266 

Feb.   18,1793 
Mar.     2,1819 

Mar.     3, 1905 
May   16,1906 

4360 

267 

Feb.   18,1793 

4427 

121 

do 

4361 

268 

do 

4428 

128 

do 

4362 

224 

do 

4429 

128 

do 

Aug.     7, 1882 

4363 

224 

do 

Feb.   14,1903 

4364 

193 

do 

4430 

128 

do 

Jan.    22,1894 

4365 

194 

do 

Feb.   14,1903 

4366 

268 

do 

4431 

129 

do 

4367 

269 

do 

1 132 

129 

do 

4368 

269 

do 

1 133 

129 

do 

4369 

269    do 

4434 

129 

do 

Do. 

4370 

270 

Julv    18,1866 

Mar.     2, 1909 

Feb.   23,1867 

4437 

130 

do 

4371 

270 

Feb.   18,1793 

June  19,1886 

4438 

58 

do 

Dec.  21,1898 

4372 

271 

do 

Jan.    25,1907 

4373 

54 

do 

Mav    28,  1008 

4374 

54    do 

4439 

59 

do 

Dec.  21,1898 

4375 

55    do 

4440 

59 

do 

Do. 

4376 

55 

do 

4441 

59 

do 

May   28,1896 

4377 

271 

do 

4442 

60 

do 

Do. 

Apr.     2, 1836 

4443 

60 

do 

4378 

271 

Feb.   18,1793 

4444 

175 

do 

4379 

271 

do 

4445 

60 

do 

Mar.  23,1900 

4380 

271 

do 

4446 

58 

do 

Feb.  19,1907 

4384 

46 

Julv    18,1868 

Do. 

4447 

162 

do 

4385 

19 

Feb.   18,1793 

4448 

162 

do 

Mar.     3, 1915 

4391 

74 

June  19,1813 
Mar.     3, 1865 

4449 

163 

do...   - 

Mar.     3,1905 
Mar.     3, 1915 

4392 

74 

June   19,1813 

4450 

163 

do 

4393 

75 

do 

4453 

123 

do 

Mar.    3,1905 

608 


NAVIGATION   LAWS   OF   THE   UNITED   STATES. 
Sections  of  the  Revised  Statutes — Continued. 


Section 
Statutes. 

Pa"P  of 

this 
volume. 

Enacted— 

Amended  or 
affected— 

Section 
Revised 
Statutes. 

Pace  of 

this 
volume. 

Enacted— 

Amended  or 
affected- 

1 1  r, ) 

124 

Mar.     4,1915 

4515 

69 

June    7,1872 

520 

rlo.    - 

4516 

103 

do 

Dec.   21,1898 

:  (56 

520 

do 

Mar.     4, 1915 

1457 

520 

(In 

4517 

69 

do 

519 

do 

Feb.  14,1903 

4518 

70 

do 

June  26,1884 

4461 

519 

do 

June  19,  ism; 

Mar.     3, 1897 

Feb.   14,1903 

4519 

68 

do 

4462 

520 

Fob.   28,1871 

Do. 

4520 

73 

July   20,1790 

4463 

125 

do 

Apr.     2,1 90S 

June    7,1872 

Mar.     3, 1913 

4521 

73 

Julv  20,1790 

Mar.    4,1914 

4522 

74 

do 

Dec.   21,1898 

May   11,1918 

4523 

05 

Julv   20,1840 

4464 

158 

do 

Feb.   14,1917 

June    7,1872 

4465 

159 

do 

Julv     9,  issi; 

4524 

79 

do 

Feb.  23,1901 

4525 

79 

do 

4466 

159 

do 

Feb.  14,1917 

4526 

79 

do 

Do. 

4467 

159 

do 

Mav   2S,i9iis 

4527 

79 

do 

446S 

160 

do 

Do. 

4528 

SO 

do 

4469 

160 

do 

4529 

60 

Julv   20,1790 

Do. 

4470 

151 

do 

Mar.     3, 1905 

June    7,1872 

June  28, 1906 

4471 

do 

June  30.1900 

Mar.     4,1915 

4472 

153 

do 

Mar.     3, 1905 
May  28,1906 

4530 

80 

July   20,1790 

Dec.    21,1898 
Mar.    4, 1915 

Jan.    24,1913 

1535 

78 

June    7,1872 

Oct.   22,1914 

4537 

84 

Julv   20,1790 

Mar.  29,1918 

4538 

87 

June    7,1S72 

4473 

155 

do 

4539 

87 

do 

4474 

155 

do 

Oct.    18,1888 

4540 

88 

do........ 

Fell.   14,1903 

4541 

89 

do 

Mar.    3,1897 

Julv    17,1914 

4542 

89 

do........ 

Do. 

4475 

156 

do 

4543 

89 

do 

4476 

156 

do 

4544 

89 

do 

4477 

152 

do 

4545 

90 

do 

Do. 

1478 

152 

do 

4546 

81 

Julv  20,1790 

May   28,1896 

4479 

152 

do 

Aug.  23, 1842 

4480 

151 

do 

Mar.     3, 1905 

4547 

81 

July   20,1790 

Dec.  21.1898 

4481 

131 

do 

Aug.  23,1842 

June  28,1906 

4482 

131 

do 

4548 

82 

Mar.    3,1873 

4483 

153 

do 

Do. 

4549 

76 

June    7,1872 

1484 

151 

do 

4550 

76 

do 

4485 

151 

do 

4551 

76 

do........ 

4486 

151 

do 

4552 

78 

do 

lis; 

395 

do 

4553 

79 

do........ 

4488 

131 

do 

Do. 

4554 

85 

do 

Aug.  19,1890 

Mar.     4, 1915 

4555 

85 

do 

4490 

130 

do 

Julv      9,1886 

4556 

106 

Julv  20,1790 

Dec.  21,1898 

4491 

124 

do 

Feb.   14,1903 

4557 

107 

do 

Do. 

4492 

153 

do 

Julv     1,1902 

4493 

163 

do 

4558 

107 

do 

Dec.  21,1898 

4494 

161 

do 

Do. 

4559 

108 

July   20,1840 

Do. 

4495 

22 

do 

Feb.  21,1891 

July  29,1850 

Mar.    4,1915 

4496 

164 

Feb.  21,1891 

4560 

108 

July   20,1840 

4  497 

164 

do 

4561 

108 

do 

June  26,1884 

4498 

120 

do 

Mar.     3, 1905 

Dec.  21,1898 

Mar.     4,1915 

4562 

108 

do 

4499 

164 

do 

Mar.     3, 1905 

4563 

109 

do 

4500 

164 

do 

4564 

109 

July   20,1790 

Do. 

4501 

506 

June    7, 1872 

June  26,1884 

4565 

109 

June    7,1872 

June  19,1886 

4566 

110 

do 

Do. 

Feb.  14,190:; 

4567 

110 

do 

Mar.    4,1911 

4568 

110 

do 

Do. 

4502 

506 

do 

Apr.  26,1906 

4569 

111 

do 

June  26, 1SS4 

4503 

65 

June    7,1872 

June  19,1886 

4504 

66 

do 

June  15,1873 

4570 
4571 

111 
111 

do 

do 

4505 

506 

June    7, 1872 

Jan.    16,1883 

4572 

112 

do 

Dec.  21,1898 

June  26,1884 

4573 

70 

Feb.  28,1803 

June  19,1886 

June  19,1886 

Apr.    4,1840 

4506 

507 

do 

4574 

70 

Mar.    3,1813 

4507 

507 

do 

Mar.    3,1897 

4575 

71 

July  20,1840 

Feb.   14,1.  '03 

Feb.  14,1903 

4576 

70 

Feb.  28,1803 

Mar.     3,1897 

4508 

64 

do 

4577 

86 

do 

Mar.     3,1911 

4509 

66 

do 

4578 

86 

do 

June  26,1884 

4510 

66 

do 

June  19,1886 

4511 

67 

do 

June  26, 1884 

4579 

87 

Feb.  28,1811 

Jan.    15,1873 

Mar.     3,1897 
Dec.  21,1898 

4580 

76 

Aug.  18,1856 
Mar.    3.1873 

June  26,1884 

Feb.  14,1903 

4581 

«  77 

Aug.  18,1856 

Dec.  21, 1S98 

4512 

67 

June    7,1872 

Mar.    4, 1915 

4513 

68 

do 

June  19,1886 

4582 

77 

Feb.  28,1S03 

Dec.  21,1898 

Feb.  IS,  1895 

4583 

78 

Julv   20,1840 

Do. 

4514 

69 

do 

Aug.  18,1856 

TABLE    OF    LAWS.  609 

Sections  of  the  Revised  Statutes — Continued. 


Section 
i:.\  ised 
si  itutes 

Pa( f 

this 
volume. 

Enacted — 

Amended  or 
affected- 

Section 
Revised 

Statutes. 

Page  of 

this           Enacted 
volume. 

\  mended  or 
affected- 

4588 

64 

May   28,1796 

June   19. 1SS6 

5293 

329 

Julv    14,1832 

Mar.     3.  1899 

i.v.n 

64 

. . . .  -do. 

Sept.  28,  L850 

Feb.   14,1903 

1594 

507 

June    7,1872 

Do. 

June  27,1864 

4595 

65 

...do 

Do. 
Mar.     1,1911 

July   18,1866 
Julv   27,1868 

1596 

90 

do 

DeC.   21.  L898 

July     i,i87i] 

Mar.    t.  I'd;. 

5294 

330 

Feb.  28,1871 

Dec.    15,1894 

4597 

91 

do 

Dec.  21,1898 

Mar.     2, 1896 

1600 

84 

do 

Do. 

Feb.    14,1903 

Mar.     4,1915 

5295 

330 

Feb.  28,1865 

4602 
1603 
4604 
4605 
4606 

4607 

4608 

•       4610 

4611 

92 
82 
92 
82 
197 

86 
92 
93 
93 

do 

do 

do 

do 

do 

do 

Julv    27,1866 
June    7,1872 
Sept.  28, 1850 

Mar.   31,1900 
Feb.   14,1903 
Apr.   13,1904 
Feb.   14, 1903 

Deo.    21.  is  s 
Mar.     4.1915 

5339 

5340 
5341 

5312 
5343 

5344 
5345 

486 

487 
487 

487 

487 

488 

487 

Apr.  30,1790 

Mar.    3. 1825 
Apr.  30,1790 

do 

Mar.     3. 1857 

do 

Apr.  30,1790 
Mar.     3,1857 
Feb.   28,  1871 
Mar.     3, 1825 

Repealed, 

Mar.  t,  1909 

Do. 
Do. 

Do. 
Do. 

Do. 
Repealed, 

Mar.  4, 1909 

4012 

63 

June     7,1872 

5346 

487 

do 

Do. 

94 

do 

5347 

491 

Mar.     3,1835 

Do. 

96 

do 

Dee.   21,1898 

5348 

488 

Apr.  30,1790 

Do. 

Mar.     4,  1915 

5349 

488 

Mar.   21,  I860 

Do. 

4661 

535 

Mav    15,1820 

5350 

488 

do 

Do. 

Mar.     3,1821 

5351 

488 

do 

Do. 

4662 

535 

Mar.     2, 1795 

5353 

156 

July     3, 1866 

Do. 

535 

Mar.     3, 1859 

5351 

156 

do... 

Do. 

4672 

535 

Sept.  28, 1850 

Feb.    14,1903 

5355 

157 

do 

Do. 

Mar.     2, 1867 

5356 

489 

Apr.  30,1790 

Do. 

4673 

535 

do 

Do. 

Aug.  23, 1842 

4i  171 

535 

Mar.     3,1859 

Do. 

5357 

489 

Apr.  30,1790 

Do. 

4676 

399 

Mar.     2,1868 

Mar.     3. 1825 

4677 

399 

Julv    15,1870 

5358 

492 

do 

Do. 

4678 

399 

Sept.  28, 1.850 

5359 

491 

Apr.  30,1790 

Do. 

4680 

535 

Aug.  31,1852 

Mar.    3, 1835 

4681 

538 

Feb.   10.1.807 
Julv    10,1832 

5360 

491 

Apr.  30,1790 
Mar.     3, 1835 

Do. 

4682 

538 

Feb.   10,1807 

5.361 

492 

Mar.    3, 1825 

Do. 

4686 

538 

do 

5362 

492 

do 

Do. 

Apr.   14,1818 

5363 

491 

do 

Do. 

4687 

539 

June  17,1844 

5364 

492 

do 

Do. 

Hiss 

539 

June   12.  1.858 

Do. 

536:. 

493 

Mar.   26,1.804 

Do. 

4689 

539 

Mar.     3, 1,853 

5.366 

493 

Mar.     2,1801 

Do. 

4690 

539 

do. 

5367 

493 

Julv   29,  1850 

Do. 

4691 

400 

June    3, 1S44 

June  20.  is?s 
Mar.     3,1879 

5368 

495 

Mar.     3,1819 
Mav    15,1820 

Do. 

4792 

306 

Feb.   23,1799 

Jan.    30,1823 

479.3 

307 

do 

5369 

495 

Apr.  .30,1790 

Do. 

1794 

307 

do 

5370 

489 

May   15,1820 

Do. 

4795 

307 

do 

5371 

195 

do 

Do. 

-17 '.»i 

308 

do 

5373 

496 

Apr.  30,1790 

Do. 

47'«7 

308 

do 

5374 

196 

Mar.     3,1817 

Do. 

4801 

97 

inlv    16,1798 

June  26,1884 

5383 

496 

Apr.  30,1790 

Do. 

4802 

521 

June  29.1870 

Mar     3,1875 

Aug.    8,1846 

Jan.      4,1889 

5384 

496 

Apr.  30,  1790 

Do. 

Julv      1, 1902 

5386 

489 

Mar.     3,1825 

Do. 

Aug.  14,  1912 

5391 

490 

do 

Do. 

4804 

97 

10, 1871 

Mar.     3,1875 

Apr.     5, 1866 

June  26,1884 

5423 

490 

Mar.     3.1825 

Do. 

1805 

98 

Mav     3. 1802 

Aug.     4,1894 

5482 

521 

Aug.  30, 1872 

Do. 

4806 

522 

Apr.  20.  lv.o 

3,  1875 

5570 

442 

Aug.  is.  L856 

June  27,1866 

557 1 

442 

do 

5280 

84 

Mar.     2,1829 

5572 

442 

Apr.     2, 1872 

Feb.   24,  1855 

5573 

442 

Aug.  18,1856 

5281 

436 

Apr.  20,1818 

Repealed, 
Mar.  1,1909 

:,:,71 

442 

do 

July    28,  1866 

329 

Mar.     3, 1797 

Feb.    14,1903 

Apr.      2,1872 

Feb.   11,1800 

5575 

443 

Aug.  18,1856 

Mar.     2.1803 

.-..-.76 

443 

do 

Julv    13.1861 

.-,-,77 

443 

do 

May   20,1862 

557  s 

443 

do 

143562°— 19- 


-39 


610  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

ACTS   SUBSEQUENT  TO   REVISED   STATUTES. 


Apr. 
Apr. 
May 
June 


17, 1ST  I 
18,1874 
7.1874 
9, 1S74 


June   22,1S74 


Jan.    22,1875 
Mar.     3, 1875 


July  12,1876 
Aug.  15,1876 
June   18,1878 


June  20,187S 
Feb.  26,1879 
Mar.  3, 1879 
June  30,1879 
June    10,1880 


Feb.  8,18S1 
Mar.  2, 1S81 
May      4,1882 


Aug.     2,1 


Aug.     5, 1882 


Aug.     7,1882 
Do 


Cli-ip- 
terof 
Stat- 
utes. 


Mar.     3, 18S3 
Do 

June   26.1S84 


Sen  inn. 


Page 
of  this 
vol- 
ume 


10-12 
13 


6,7 
5,8 
15,17,18 
19 
20 


133 

J.U.22 
121 


Amended  or 
affected. 


Feb.  14,1903 
June  19,1S86 
Feb.  18,1895 
Mar.  3, 1881 
Mar.    4, 1911 

June  18,1878 
May     4, 1882 


Mar.  3, 1897 
Feb.  14,1903 
June  10,1890 


Jan.    22,1875 


June  26, 1884 
Mar.    3, 1891 


Jan.    28,1915 
Aug.    3, 1894 


Jan.  21,1897 
Mar.  3,1879 


June  14,1880 
Feb.  23,1887 


Do. 

Feb.    2,1899 
July     2, 1884 


Feb.  14,1 


Mar    26,1908 
Dec.  19,1908 


Feb.     9, 1905 
Feb.  14,1903 


Mar.  3, 1S91 
Feb.  14,1903 
Mar.  3, 1891 
Mar.  1, 1895 
Feb.  15,1902 
Mar.  17,1906 
Jan.    16,1895 

May  28,1896 

Dec.  21,1898 
June  19,1886 
Dee.  21,1898 
June  19.18S6 


Date. 


June  26,1884 


July  2, 1884 

July  5, 1884 

July  7,1884 

Feb.  26,1885 

June  19,1886 


July 


Aug.  1,1888 

Aug.  11,1888 

Oct.  18, 1888 

Jan.  4, 1889 

Mar.  2, 1889 

Mar.  27,1890 

May  24„1890 

June  10,1890 


June  25,1890 

Aug.   19,1890 

Do 


Chap-|  Page 

terof  o__Hrin  .ofthi 
Stat-  Sectum-    vol- 


Amended  or 
affected. 


June  19,1886 
Apr.  30,1900 

July  24,1897 
Mar.     3, 1897 


July  5, 1SS4 
Fvb.  14.1903 
June  19.1886 
Feb.   14,1903 


Do. 

July     9, 1912 


Feb.  14,1903 
June  25, 1910 
Mar.  4, 1911 
Feb.  18,1895 


Feb.  17,1898 
Feb.  8, 1895 
Feb.  23,1901 


Aug.  18,1894 

July  1, 1902 

Feb.  14,1903 

Julv  17,1914 

July  1, 1902 

Do. 

Mar.  3, 1893 

Oct.  3,1913 


May  28,1894 

Feb.  19,1900 

Jan.  19,1907 

Feb.  14,1903 


TABLE   OF   LAWS. 
Acts  Subsequent  to  Revised  Statutes — Continued. 


611 


Feb.    21,1891 
Mar.     3, 1891 

Do 

Do 

Do 

Do 

June     3, 1S92 

July    26,1892 

Feb.    13,1893 

Feb.    15,1893 


Do. 

Mar.  3 
Do. 
Do. 
Oct.  31 
Jan.  22 
Mas     28 


Aug.     3, 
Do.. 

Auk.     4, 
Aug.   18, 


Do.. 
Aug.   27, 


Dec.    15,1894 
Jan.     16, 1895 


Feb.     8, 1895 
Feb.    18,1895 


Feb.  19,1895 
Mar.  1,1895 
Mar.     2, 1895 


Chap- 

terof 
Stat- 
utes. 


1,2 

1 

2 

1 

2 

1-3 

4-7 

1 

2 

3,11 

4 

6,10 


392 

8 

1 

315 
325 
398 
128 

35* 

3G8 
380 
448 

531 

98 

2 
3 

4 
5 

421 
422 
419 
416 

302 

524 

Page 
ofthfe 

vol- 
ume. 


AmiMxli'il  iii- 
affected. 


Jan.  18,1897 
Mar.  3, 1905 
Mav  16,1906 
Jan.    20,1897 

Do. 
Aug.  24,1912 
Aug.  18,1914 


Mar.     2, 1895 
Feb.   14,1903 


Aug.  18,1894 
Mar.  3, 1901 
July  1,1902 
Aug.  14,1912 
Mar.     3,1901 


Do. 

Feb.   17 


June  13,1902 

Do. 
Aug.    8,1917 

Feb.  14,1903 
July   24,1897 

Feb.  14,1903 
Aug.  24, 1912 
Oct.  3, 1913 
July  24,1897 

Do. 
Aug.    5,1909 

Mar.  2, 1896 
Feb.  14,1903 


Mar.  3, 1897 
Dec.  21,1898 
Apr.  11,1904 
Feb.  14,1903 
Feb.  15,1902 


Feb.   14,1903 
Do. 


Chap- 
ter of 
Stat- 
utes. 


Feb. 
Mar. 
Mar. 

Mar. 
Apr. 
May 
May 

Mav    21,1896 

Mav    22,1896 

Mav    28,1896 

Do 


16,1896 
25, 1896 
9, 1896 
19, 1896 


Juno     8, 1896 

June    10,1896 
Do 

Juno    11,1896 
Jan.     18, 1897 


Jan.  21,1897 
Mar.  2,1897 
Mar.  3, 1897 


Apr.    23,1897 
Juno     7, 1897 


Do... 
July    21, 


Do 

Feb.    17,1898 


Mar.  22,1898 

Apr.  22,1898 

May  14.1898 

Dec.  21,1898 


85 

J.R.2: 

299 

28 


Page 

Section. 

of  this 

vol- 

ume. 

369 

330 

1,3 

390 

2 

396 

560 

339 

420 

1 

2-4 

420 

240 
500 

2 

19 

539 

1 

56 

2 

58 

3 

56 

1 

244 

2-4 

245 

374 

560 

285 

1 

120 

1 

21 

2 

22 

446 
344 

1 

1 

507 

2 

30 

3 

70 

4,6 

89 

5 

393 

7 

90 

8 

73 

11 

325 

12 

393 

13 

395 

14 

124 

15 

220 

16 

221 

17 

215 

19 

67 

339 
369 

1 

2 

371 

372 

378 

3,4 

369 

5 

390 

5 

395 

12 

247 

13, 19, 28 

247 

14 

248 

23 

188 

24 

187 

25,26 

339 

178 

1,2,3 

268 

3 

285 

4 

256 

333 

452 
286 

14 

1 

103 

2 

74 

3 

79 

4,5 

80 

4 

104 

6 

81 

7 

106 

8.9 

107 

10 

10S 

11 

104 

108 

12 

109 

13,14 

110 

15 

112 

Amended  or 
affected. 


Feb.  14,1903 
Apr.  26,1906 


Feb.  14,1903 
Apr.  23,1897 


Oct.  22,1914 


Feb.  14,1903 

Do. 
Mar.    3, 1897 
June    7, 1897 
Mar.    3, 1905 
Mav   16,1906 


Mar.  16,1908 
Feb.  14.1903 
Mar.  4, 1915 


Dec.  21,1898 
Feb.  14,1903 


Feb.  19,1900 
Feb.  14,1903 
May  25,1914 


Feb.  14,1903 


Aug.  5,1909 
Aug.  21.1912 
Oct.     3, 1913 


Mav   25,1900 
Mar.   14,1912 


June  28,1906 
Mar.  3,1905 
June  28, 1906 

7     July     1,1902 


612  NAVIGATION   LAWS   OF   THE    UNITED   STATES. 

Acts  Subsequent  to  Revised  Statutes — Continued. 


Amended  or 

affected. 


Apr.  29,1902 

May  9, 1902 

May  13,1902 

June  3, 1902 

June  13.1902 


June    24,1902     1155 


Mar.     4,1907 


June  24,1902 

July      1, 1902 

Do 

Do 

Do 

Jan.    26, 1903 
Feb.     2,1903 

Feb.    14,1903 


Apr.  11,1904 

Apr.  13,1904 

Apr.  27,1904 

Apr.  28,1904 

Do 

Feb.  3, 1905 

Feb.  6, 1905 

Feb.  9, 1905 

Mar.  2, 1905 

Mar.  3, 1905 


Feb.  27,1906 

Mar.  17,1906 

Mar.  23,1906 

Apr.  9, 1906 

Apr.  24,1906 


Apr.  26,1906 
Do 

May  12,1906 
Do 

May  16,1906 
May    28,1906 

Do 

June   11,1906 

Do 

June    14,1906 


June    28,190(5 

June   29,1906 
Do 

Do 

Do 


Page 

of  this  Amended  or 
vol-        affected, 
time. 


June  29,1906 


Mar.     4,1913 
Aug.  23,1913 


Mar.     4, 1915 


May   16,1906 
Mar.     3, 1915 


Mar.     4, 1913 
Feb.  29,1912 


TABLE    OF    LAWS. 
Vers  Subsequent  to  Revised  Statutes— Continued. 


CIS 


Chap- 

Page 

Chap- 

Oftffl 
vol- 

Date. 

ter  of 

Stat- 

Section. 

oflfii 

vol- 

Amended or 
affected. 

D  ii.'. 

ter  of 

Stat- 

Section. 

Amended  or 
atTeeted. 

utes. 

ume. 

utes. 

ume. 

June   30,1906 

3909 

227 

Mar.      4,1909 

291 

491 

Do 

3913 

3915 

312 
813 

292,293 
294 

mi 
495 

Do 

2 

3 

344 

295 

491 

Do 

.'{'.HO 
3937 
300 
398 

152 

4  IS 

360 

58 

290-299 
300 
301 
302 

492 
493 
493 
495 

Do 

Jan.     19, 1907 

Jan.    25,1907 

Feb.      6, 1907 

471 

892 

513 
515 

303 

304-307 

308 

437 
496 
452 

Feb.     8, 1907 

Feb.    20,1907 

1134 

...... 

301 
302 

3 

304 

Mar.  26,1910 

309 

453 

4-7 

305 

310 

496 

8-9 

306 

493 

10,11 

307 

Aug.     5,1909 

6 

12,13 

339 

12 

307 

15 

187 

13-15 

309 

Mar.     4, 1909 

16 

186 

16,17 

310 

17 

187 

18,19 

311 

18 

247 

20,21 

312 

19 

247 

Aug.  24,1912 

22 

524 

20 

247 

Oct.     3, 1913 

23-25 

525 

21 

450 

26,32,33 

313 

22 

248 

35-38 

314 

25 

24  S 

41 

315 

36 

177 

Mar.     8, 1910 

Mar.      4, 1907 

2907 

331 

Mar.     8,1910 

86 

...... 

178 

341 

Mar.    26,1910 

128 

302 

Mar.    26,1908 

99 

3 

530 

3 

304 

Apr.    28,1908 

151 

1-3 

4 

390 
397 

Apr.    21,1910 

1S3 

4 
5 

293 
285 

Apr.    29,1908 

152 

1-5 

279 

9 

537 

May    14,1908 

May    16, 1908 

168 
170 

6 

401 
344 

Mar.    3, 1915 

Apr.    27,1910 

May    27.1910 

193 
258 

561 
272 

...... 

May    23,1908 

187 

•---£"■ 

501 

June     9, 1910 

268 

350 

May    28,1908 

212 

1 

2 

3,4 

214 
58 
159 

2-3 
4-5 

351 
352 
353 

5 

20 

June    10,1910 

283 

1,2 

467 

7 

400 

3-5 

468 

8 

423 

June    17,1910 

301 

4 

532 

8 

424 

5-8 

533 

10 

105 

9-11 

534 

May    28,190S 

212 

11-15 

106 

Mar.     4, 1915 

June   23,1910 

359 

405 

Dec.    19, 190S 

6 

82 

165 
28 

Do 

360 

i 

2 

405 
406 

Feb.     6, 1909 

...... 

Do 

82 

2 

29 

3,4 

407 

Feb.     9, 1909 

100 

1-4 

347 

Jan.    17,1914 

5 

408 

5-8 

348 

Do 

373 

1-4 

466 

Feb.    16,1909 

132 
244 

423 
129 

June    24,1910 

379 

5 
1 

467 
426 

Mar.     2, 1909 

..... 

July  23,1912 

2 

130 

2-4 

427 

Do. 

Mar.     3,1909 
Do 

264 
264 
321 

5 

6 

9-11 

420 
401 
436 

June  25,1910 
Do 

Feb.    13,1911 

384 
402 
46 

550 
160 

227 

Mar.      4, 1909 

i:3" 

12-14 

437 

4,5 

228 

15-17 

438 

Mar.     3, 1911 

209 

468 

18 

439 

Do 

-'17 

561 

37 

490 

Do 

231 

"'42,43 

486 

44 

452 

45-47 

482 

72 

490 

271 

100 

82 

65 

291 

482 

107 
125 

521 
490 

Mar.     4,1911 
Do 

237 
265 

...... 

65 
446 

200 

320 

2,3 

447 

204 
232 

321 
157 

Feb.    29,1912 
Mar.    14,1912 

47 
S.J. 

47 
452 

i.'-i* 

233 

157 

R.10 

234 

235,236 

156 
156 

May    22,1912 
July      9, 1912 

130 
•  220 

516 

505 

■-•-•--■ 

272 

443 

July    23,1912 

250 

426 

272 

486 

Aug.     1, 1912 

268 

1,2 

468 

273-277 

487 

3-5 

469 

278-283 

488 

Aug.   13,1912 

287 

1 

427 

284 

489 

428 

2S6-2SS 

489 

3,4 

429 

289 

490 

5 

434 

290 

495 

6-11 

435 

614  NAVIGATION   LAWS   OF   THE    UNITED   STATES. 

Acts  Subsequent  to  Revised  Statutes — Continued. 


Chap 
terof 
Stat- 
utes. 


Page 
ofthis 
vol- 
ume 


Amended  or 
aSected. 


Chap- 
ter of 
Stat- 
utes. 


Page 
<ifih:s 
vol- 
ume. 


Aug.   14,1912      209 


Aug.  20,1912 


Aug. 
Aug. 


23, 1912 
24,1912 


Jan.    24,1913 
Mar.     3,1913 


Mar.     4, 1913 
Oct.      3, 1913 


1 

1-3 

4-7 

8-10 

11-13 

1 

2-4 

5 

6 

7 

8,9 

10,11 

12,13 

14 

5 


Ex. 
Ord. 


Jan.  17, 1914 

Mar.  9, 1914 

May  25,1914 

June  15,1914 

June  24,1914 

June  30,1914 

Do 

July  17, 1914 

Aug.  15,1914 

Aug.  18,1914 


Sept.     4, 1914 

Oct.     22, 1914 

Do 

Jan.    28, 1915 


Feb.  24,1915 
Mar.  3, 1915 
Mar.     4, 1915 


Ex. 

Ord. 

334 
336 


III,  A  A 

III,BB 

IV,  S 

iVj 

sub. 

sec.  7 

Par.  451 

IV  J 

sub. 
sec.  5 
IV  J 

sub. 
sec.  6 

rv,o 
iv-j 

sub. 
sec.  4 
IV,  D 
IV,  C 
IV,  K 
lV,L 
1-4 
5-8 


Mar.     4, 1915 


Mar.      4. 1915 


Do 

Do 

Mar.     4, 1915 


June  12,1916 

July  1, 1916 

July  28,1916 

Aug.  21,1916 

Sept.  8, 1916 

Feb.  14,1917 

Mar.  3,1917 


May  12,1917 
June   15,1917 

Do 

Aug.  8, 1917 
Aug.  10,1917 
Oct.      3, 1917 

Do 

Oct.      6, 1917 

Do 

Do 

Mar.  29,1918 

May  9, 1918 

May  11,1918 

May  21,1918 

June  7, 19i8 

June  10,1918 

June  29, 19i8 

July  1, 1918 

July  2, 1918 

July  7, 1918 

July  ll,19i8 

Oct.  6,1918 

Feb.  24,1919 


Feb.  28,1919 
Mar.  1,1917 
Mar.  4, 1917 

Do 

Do 


H.J. 
Res. 

2 

3,4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
14 
15 
16,17 
19 
20 


2-3 
3 
1-4-31-3: 
33-35 
36 
10 
11 


11,13-14 

16 


2-5 
1-3 

500 
900 

1003 


153 
Hil 
161 
120 
106 
402 
16 
17 


101 
125 
132 


436 
436 
137 

22 
43s 
439 
419 
479 
•287 
474 
■179 
■171 
475 
476 
26.x 
155 

64 
125 
480 
353 
122 
314 
449 
320 
514 


ALPHABETICAL  INDEX. 


[For  Index  to  Shipping  Hoard  acts  aud  Executive  orders  see  page  593.) 


Page. 

Abandonment  of  seaman 491 

Abatement  of  claim  prohibited 206 

exception  - 207 

Able  seam  in.    .S'<  t  Seaman. 

Abutments,  bridge,  obstructing  navigation..     416 

Accidents,  officers  of  vessels  to  report..  163,324,325 

Acoommi » lations,  for  crew 29, 31 ,  105, 112 

for  passengers io 1, 165, 173 

Acts,  table  of,  included  i  n  i  ids  compilation. .      603 
Adjacent  countries.    See  Contiguous  coun- 
tries. 
Admeasurement.    See  Measurement. 

A 1 1  mi  nisi  rative  officers 500 

Adulterated  products,  interstate  or  foreign 

tradein 331,342 

See  also  Live  stock. 

Advance  wages 82 

Advertising, mail  contracts 317,322 

notice  of  trial.    See  1'roeedure. 

seizures  by  revenue  officers 200 

Agent,  oath  on  issue  of  enrollment  or  license.        49 

oath  on  registry  of  vessel 37, 38 

See  also  Sealagents;  Specialagents. 
Agreementofseaman.    S<t;  Shipping  articles 

Agreement  to  relic  ve  owner  of  liability 116 

Aids  to  navigation.    See  Navigation. 

Air  for  steerage  passengers 168 

Airandliuht  space,  exempt  from  measure- 
ment          32 

Alaska ,  crimes  and  penalties 2S6 

destitute  seamanin 86 

jurisdiction  over  offenses  in 290, 293, 294, 298 

licenses  andchargesin,  special 2S4 

manifestsin  trade  with 192 

pelagic  sealing 288, 293 

remission  of  penalty  incurred  in 330 

salmon  fisheries 294 

sea  otter,  hunting  or  killing  forbidden 293 

seal  agents,  appointment  and  duties 537 

seal  fisheries 2S5, 2SS,  290, 537 

governor  to  report  on 294 

special  pro  visions  concerning 284 

subports,  establishmen  tin 5G0 

Albany,  N.  Y.,  merchandise  destined  for 220 

warehouses  at 224 

Alien, fishing  bv,i n  Alaska,  prohibited 298 

may  own  steamboat  on  river  or  bay 18 

naturalization  of,  as  seaman 64 

prohibited  from  ownership  in  vessel  of 

Unit ed  States 15, 36 


record  of  American-built  vessel  owned  by. . 

sale  of  vessel  to 

service  as  officer 56 

tonnage  taxes  on  vessel  of 179 

transfer  of  vessel  to 271 

readmission  of 314 

See  also  Head  tax;  Immigrants;  Immigra- 
tion. 

Allotment  of  wages 82 

Allotments  of  appropriations 540 

Alteration  of  marine  documents 55 

Alton,  111.,  merchandise  destined  for 221 

American  Pphemeris,  printing  and  distribu 

tion 399 

American  seaman.    See  Seaman. 
American  vessel.    See  Vessel. 
Ammunition.    See  Arms  and  ammunition. 

Anarchists, immigration  prohibited 314,315 

Anchorage  grounds,  authority  to  establish ...      402 

quarantine  stations 304, 308, 309 

See  also  Obstructions  to  navigation. 
Anchored  vessels.    See  Fog  signals;  Lights  on 
vessels. 

Anchors,  inspection  of 104 

Animals.    See  Live  stock. 

Antiscorbutics,  vessel  to  be  provided  with...      Ill 

Appeal,  customhouse  brokers,  for  revocation 

of  license 468 

from  decisions  of  boards  oi  inouiry,  Immi- 
gration Service 526 

from  revocation  of  certificate  of  inspection.      124 
officer  refused  license 122 


Page 


Appendix  to  certi licat  e  o f  regis) ry 33 

Appraisement  of  property  seized  by  revenue 

officer 199 

Apprentices,  form  of  account  of 95 

general  provisions  concerning 66 

ocean  mailsteamer 319 

pilots'  or  engineers' 163 

shipping  commissioner  to  facilitate  making.  65 
See  also  Seaman. 

Appropriations,  limitations  upon 540 

Arbitration  before  shipping  commissioner —  85 

Arms  and  ammunii  ion ,  export  of 452 

sale  to  Alaskan  Indians  prohibited 284 

sale  to  Pacific  Islanders  prohibited 452 

seizure  of 471 

vessels  carrying  to  belligerent 439 

See  also  Piracy. 
Army,  enforcement  of  neutrality  laws  by..  43S,439 
officers  of,  assignment  to  canal  and  water- 
ways commissions 464 

lighthouse  districts 534, 535 

coast  surveying  by 539 

transportation  of  supplies  for 464 

transports  for  conveying  merchandise  to 

Guam 468 

Arrest  of  vessel  to  be  stayed  under  bond 117 

Arsan,  offense  and  punishment 489 

vessel  in  Alaska 286 

Articles,  shipping.    See  Shipping  articles. 

Assault,  offense  and  punishment 55, 91, 487, 495 

Assistant  inspectors.    See  Customs'  officers; 
Local  inspectors. 

Astoria,  Oreg.,  clearance  from 225 

merchandise  arriving  at 223 

Astronomical  meridian 400 

Atlantic-Great  Lakes  Canal 463 

Atlanticand  Pacific  ports,  shipping  articles..  67,72 

Attachment,  wages  and  clothing  exempt  from  83 
Attorney.    See  Agent. 
Auditor  for  Treasury  Department,  copy  of 

manifest  to 210 

Augusta,  Ga.,  merchandise  destined  for 220 

Automobiles  on  passenger  vessels 154 

Auxiliary  naval  cruisers 318 


See  Meat  products. 
Baggage,  formalities  upon  entry  of 

immediate  transportation  of 

inspection  on  frontiers 

permit  to  land  on  Great  Lakes 

search  of 198, 

Barges,  accidents  in  open  sea  to  be  reported . . 

equipment  of  passenger-carrying 

inspection,  equipment,  and  requirements 
for  navigation 105, 

1  i  ghts  on 

when  not  to  be  documented 

Barratry,  offense  and  punishment 

Bathrooms  for  crew 

Bay,  ownership  of  vessel  on 

See  also  Inland  waters. 

Bayport,  Fla.,  merchandise  destined  for 

Beacons.    See  Bureau  of  Lighthouses. 

Beam,  breadth  of 

Beef.    See  Meat  products. 

Bergen  County,  N.  J.,  vessels  documented  at 

Jersey  City 

Bering  Sea,  seal  fisheries 288, 

Berths,  for  seamen 

for  steerage  passengers 

Berwick,  Me.,  merchandise  destined  for 

Hetween-decks,  method  of  measuring 

I '.ills  of  health,  requirements  as  to 

Hills  of  lading 

fraudulent,  in  Alaska 286, 

Bills  of  sale 

Births  to  be  entered  in  log  book 

Blank  forms,  etc.    See  Supplies. 
Board.    See  Local  inspectors;  Supervising  in- 
spectors. 
Boarding  and  search  of  vessel 172, 197- 

615 


616 


NAVIGATION    LAWS   OF   THE   UNITED   STATES. 


Page. 
Boarding  officers,  exhibit  of  list  and  produc- 
tion of  crew 70 

inspection  of  inward  manifests 218 

report  of  violations  to  collector 72 

Boats  employed  on  internal  waters  or  canals 

not  to  be  documented 19 

See  also  Vessels. 
Boatswain's  stores,  space  for,  deducted  from 

gross  tonnage 31 

Boiler  spaces,  deducted  from  gross  tonnage . .        32 
Boilers  and   boiler  plates,  inspection  and 

manufacture 127-130 

See  also  Steamboat-Inspection  Service. 

Bond,  alien  owner  of  steamboat 18 

cancellation  of  registry 44 

cargo  for  reexport 211 

common  carrier,  goods  for  immediate  trans- 
portation        240 

entry  of  baggage  and  tools  of  trade 215 

express  packages,  importation 245 

libel  cases 117 

master's,  to  secure  passport 196 

night  lading  or  unlading 227 

on  delivery  of  imported  merchandise  in 

coasting  trade 213 

to  secure  duties 213 

to  secure  imports  at  special  ports 221 

to  secure  proper  use  of  imported  tea  waste, 

etc 345 

to  secure  propert  y  seized  by  re  venue  officers .      200 

transportation  of  merchandise  in 236 

Bonded  merchandise.    See  Merchandise. 

Bonded  routes 236 

Bonded  warehouses,  in  Philippines 283 

list  of  ports  at  which  established 560 

Bonds  and   notes,   United    States,    vessels 

required  to  carry 192 

Books,  summons  to  produce 205 

See  also  Log  books. 

Bottom,  measurement  of  double 29 

Bottomry,  lien  by 42 

Boundary  marks.    See  Public  works. 

Boundary,  State,piIot  on  waters  forming 175 

Branding,  false.    See  Adulterated  products. 
Breach  of  duty.    See  Penalty. 

Breadth  of  vessel,  how  determined 26 

Break,  method  of  measuring 23 

Breakwater  obstructing  navigation 411 

Bribery  and  solicitation  of  bribes 53, 54, 244 

Bridges  across  navigable  waters 403, 409 

abutments,  draws,  piers,  spans,  etc.,  ob- 
structing navigation 415, 416 

British  North  America,  consular  fee  for  cer- 
tifying invoice  for 251 

discriminations   against   American    goods 

and  vessels  in  ports  and  waters  of 1S3, 1S5 

lading  or  unlading  in  United  States  of  ves- 
sels laden  with  products  of 261 

merchandise  in  transit  for  or  through 238 

restrictions  and    privileges   of  commerce 

with 252-261 

See  also  Canada;  Contiguous  countries. 

Brokers,  licensing  of  customhouse 467 

Brownsville,  Tex.,  merchandise  destined  for     223 

Build,  change  of 41 

Builder's  certificate 35 

Bulk  cargo,  privilege  of  vessel  with 211 

Bulkheads,  obstructing  navigation i     409 

water-tight 130 

See  also  Public  works. 
Bullion  and  coin,  American  vessels  required 

to  carry 192 

Buoys,  method  of  marking 399 

See  also  Bureau  of  Lighthouses;   Public 
works. 
Bureau  of  Lighthouses,  organization,  pow 

ers,  and  duties I 

Bureau  of  Navigation,  powers  and  duties. . .  504-506 
Burglary.    See  Plundering. 

Burlington,  Iowa,  merchandise  destined  for..      221 
Burning.    See  Arson. 

Butter,  inspection  and  marking 374 

See  also  Live  stock. 

Cabins,  measurement  deductions 26,31 

Cables,  inspection  of  ships' 104 

protection  of  submarine 497 

Cadets  on  ocean  mail  steamers 319 


Page. 
Caffeine,  imports  of  tea  waste,  etc.,  for  pro- 
ducing   344 

Cairo,  111., merchandise  destined  for 221 

California,  establishment  of  subports 561 

jurisdiction  over  offenses  in  Alaska. .  292,298,299 

remission  of  penalty  incurred  in 330 

Camden,  N.  J. ,  vessels  documented  at 49 

Canada,  aid  to  wrecks  on  border  of 325 

discrimination  on  canals  of 185 

transit  of  merchandise  through 238, 286 

vessel  making  daily  trips  to 178 

vessels  touching  at  ports  of 180 

See  also  British  North  America;  Contigu- 
ous countries;  Great  Lakes;  Immi- 
gration. 

Canal  boat,  exempt  from  libel  for  wages 82 

inspection  of 120 

lights  on 371 

marine-hospital  relief  not  to  be  afforded 

employees  on 97 

when  not  to  be  documented 19 

Canal  Zone,  boundaries 453 

captains  of  ports  authorized  to  issue  pro- 
visional certificates  of  registry 16 

control  vested  in  President 454 

courts,  jurisdiction 454, 457, 458, 459 

destitute  seamen  in 86 

extradition  laws  and  treaties  extended  to..  462 

manifests  in  trade  with 192 

See  also  Panama  Canal. 
Canals,  authority  of  Secretary  of  War  for 

maintenance 401 

discrimination  on  Canadian 185 

exemptions  from  tolls 379 

inspection  of  vessels  on 119 

regulation  of  navigation  of 419 

wrecks  on  northern  border 325 

See  also  Names  of  canals;  Documents;  In- 
land waters. 

Cancellation  of  register  or  license 44 ,  49 

Capture  of  private  property  at  sea 465 

See  also  Piracy. 

Cargo,  damage  to,  by  seaman 91 

See  also  Merchandise. 

Carpenter's  certificate,  what  to  contain 35 

Casting  away  vessel  in  Alaska 286 

Cattle.    See  Live  stock. 

Cattle  ships,  regulation  of 331 

Causeways,  authority  for  construction 408 

Certificate — 
of  inspection  of  steam  vessel,  general  pro- 
visions    160 

record  of 520 

revocation  of 105, 123 

to  show  complement  of  officers  and  crew.  125 

to  show  number  of  passengers  permitted.  158 
of  record  of  American-built  vessel  owned 

by  alien 51 

of  registry,  appendix  to 33 

cancellation  of  bond  and 44 

change  of  enrollment 45 

conditions  precedent  to  granting 23, 35 

custody  and  surrender  of 39 

deposit  on  entry 195 

deposit  with  consular  officer  abroad 196 

failure  to  surrender 44 

foreign  vessel  built  in  United  States 52 

forgery  of 61 

form  of 38 

formalities  on  change  of  ownership,  build, 

or  master 41,50 

issue  to  corporations 40 

loss  of 43 

not  granted  before  inspection 120 

offenses  and  penalties  relating  to 54,55 

place  of  issue 36 

provisional 16 

temporary 37 

to  be  numbered  and  bear  Department  seal  39 

what  to  contain 33 

See  also  Registry. 

of  service,  able  seaman 102 

See  also  Citizenship;  Discharge  of  seaman; 
Enrollment  and  license:  Measurement. 

Certificated  lifeboat  man ,  definition 148 

Certification  of  marine  paper 50 

Change  of  build,  master,  name  of  vessel, 
owner,  trade.    See  Build,  Master,  etc. 


ALPHABETICAL    lNDI'.X. 


617 


Pago. 

Channels,  obstructing 409,  412 

Charges.    See  Fees. 

•  'hart  house, deducted  from  gross  tonnage...       31 

Charterer  (ff  vessel,  decincd  the  owner 115,164 

Charts,  manuals,  etc.,  preparation,  printing, 

and  distribution 399 

See  also  Coast  and  Geodetic  Survey. 

Chattels,  definition 208 

Chemieals  on  passenger  vessels 153, 154 

Chesapeake  City,  Mil.,  vessels  documented  at.      51 

Chicago  Harbor,  dumping  regulations 112 

Chief  of  Engineers,  bridges,  improvements 
or  obstructions  to  navigation,  public 

works,  etc.,  under  supervision  of 113  120 

5-T  also  Army. 
Children,  pension  to  deceased  life  savers' —      530 

Chinese,  mi portation  of  opium  bv 346 

Cholera.    See  Health. 
Chosen.    Si  c  Korea. 

Cigars,  packing, entry,  and  inspeetion 216 

Cincinnati,  <  >hio,  merchandise  destined  for..      221 
Circuit   courts,   jurisdiction    transferred    to 

dist  rict  courts 482 

Citizenship,  crews  of  contract  mail  steamers..      318 

officers  and  owners  of  vessels 15, 34, 46, 56, 124 

seamen 64 

See  also  Alien. 
Claim  for  property  seized  by  revenue  officer, 

how  tiled 200,201 

Claims,  abatement  or  compromise  of  Gov- 
ernment        207 

Cleanliness  among  steerage  passengers 170 

Clearance,  at  special  ports 225 

coasting  trade 264,266 

conditions  precedent  to  granting S3, 190, 193 

effect  of  Stat  e  inspection  laws 192 

fees 193,549 

ferryboat  exempt  from 213 

for  anot  her  great  district 264 

form  of 192 

vessel  on  Great  Lakes 258,259 

vessels  exempt  from  certain  fees 214 

vessels  in  Philippine  trade 279, 2s0 

withheld  till  compliance  with  steeragelaw..      175 

within  a  great  district 262 

yacht  exempt  from 19 

See  also  Health. 
Clothingofseamen,  exempt  from  attachment       84 

forfeiture  for  desert/ion,  and  disposition 90,92 

vessel  must  carry  slop  chest 111,112 

Coal,  cargo  destined  "  for  orders  " 217 

duty  on 247 

for  Army  or  Navy 464 

free  entry  as  equipment  of  vessel 215 

special  entryof 211 

timelimit  for  unloading 232 

Coal  bunkers,  deducted  from  gross  tonnage.  -       32 

Coast  and  Geodetic  Survey,  charts 400 

purposes  and  duties 538 

Coast  Guard,  derelict-destroying  vessel  oper- 
ated bv 398 

inspection  of  life-savingstations  by  o  fficersof     528 
merger  of  Revenue-Cutter  Service  and  Lif  e- 

Saving  Service 526, 527 

organization  and  functions 526, 527 

to  enforce  navigation  rules 396 

to  enforce  seal-fisherieslaws 299,300 

See  also  Public  vessels;  Treasury. 
Coast  Guard  cutters,  aid  to  vesselsin  distress.      398 

aid  to  crews  of  fishing  vessels 32S 

crews  entitled  to  marine-hospital  relief 98 

detail, maintenance,  and  duties 327 

lights  on 380, 386, 393 

See  also  Public  vessels. 
Coasting  districts.    See  Great  districts. 

Coastinglaws,  application  to  Alaska 284 

application  to  Philippines 279 

evasion  on  frontiers 252 

offenses  against,  and  penalties 270 

Coasting  trade,  between  Long  Island  and 

Rhodelsiand 267 

chapter  relating  to 262 

clearancein 262,264,266 

delivery  of  imported  merchandise  in 212 

entry  in 263,265,266 

exempt  from  tonnage  tax 177, 178 

foreign-built  vessel  excluded 16 

foreign  merchandise  in 211, 261 

foreign  tugboat  in 269 

foreign  vessels,  Government  supplies 464 


Page. 

Coasting  trade,  foreign  vessel,  barred  from. . .  268 

i  eat  Lakes 252 

may  distribute,  cargo  in 268 

form  of  license  for !7 

officers  authorized  to  document  vessels  to 

engage  in 51 

on  Mississippi  and  tributaries 266 

regis!  ered  vessel  in 268 

report  of  entry  at  other  than  place  of  denti- 
nal ion 26* 

shipping  articles 68,72,73 

between  Atlantic  and  Pacific  ports 67,72 

touching  at  foreign  ports 260  i 

suspension  of  coasting  1  aws 268 

vessels  entitled  to  engagein 18 

with  Alaska 284 

with  guano  islands 443 

with  Hawaii 272 

with  Philippines 279 

with  Porto  Rico 275 

Coasting  voyages  of  foreign  vesse's 269 

Coastwise  trade.    See  Coasting  trade. 

Cocaine ,  import  and  export  restrictions 348 

See  also  Opium. 
Cod  fisheries.    See  Fisheries. 
Coin  and  bidlion,  American  vessels  required 

to  carrv 192 

Cold  Spring,  N.Y.,  merchandise  destined  for.  223 

vessel  may  be  doei  imented  at 51 

Collectors  of  customs- 
duties  pertaining  to  certificates  of  inspec- 
tion   160 

certificates  of  registry 39 

clearances 190 

crew  lists 70, 71 

documents  of  vessels 48, 50 

mortgages,  bills  of  sale,  etc 42 

motor  boats 353 

passenger  accommodations 173 

record  of  citizenship  of  seamen — 64 

report  and  prosecution  of  violations  of 

revenue  laws 72,202,203 

returns  of  passenger  lists 172 

shipping  seamen 65 

steamboat-inspection  laws 164 

fees 549 

offenses  of,  relating  to  marine  document ...  54,55 
■See  also  Customs  officers;  Treasury. 

Co.lisions,  duty  to  stay  by  in 350 

liability  in  case  of 114, 163 

rules  to  prevent.    See  Rules  of  the  road. 

to  be  entered  in  log  book 113 

vessels  of  Lighthouse  Service,  adjustment 

of  damages 533 

Colombia.    See  Panama  Canal. 
Color  blindness,  examination  of  licensed  offi- 
cers for 57 

Colorado,  establishment  of  subports  in 560 

Columbia  River.    See  Astoria:  Portland. 

Commerce,  epidemic  may  suspend 305 

interference  with 469 

Commerce  Department,  organic  act 500 

Commercial  agents.    See  Consuls. 
Commissioner  of  Internal  Revenue,  Philip- 
pine shipments  regulated  by 281 

Commissioner  of  Lighthouses,  appointment, 

powers,  duties,  and  responsibilities..  532-536 
Commissioner  of  Lighthouses,  authority  or 
direction  to,  concerning  aids  to  na\  iga- 

tion 399, 401 

towing  regulations  for  barges 106 

Commissioner  of  Navigation,  appointment, 

powers,  duties,  and  responsibilities..  501,506 
authority  or  direction  to,  concerning  allot- 
ments    83 

cancellation  of  registers 44 

changing  name  of  vessel 22 

consolidating  enrollrnentandlicen.se 47 

measurement  exemptions 32 

navigation  laws 33 

numbering  vessels 21 

prlvatesignals, registration 400 

provisionalcertiIicat.es  of  registry 16 

publication  of  list  of  merchant  vessels. .  505 
record  of  American-built  vessels  owned 

by  aliens 53 

record  of  certificates  of  registry 39 

registry  of  Porto  Rican  vessels 275 

towing  regulations  for  barges 106 

decision  on  tonnage  tax,  effect 181 


618 


NAVIGATION   LAWS  OF   THE   UNITED   STATES. 


Tage. 
Commissioner     General     of     Immigration, 

powers  and  duties 311-316, 523 

Commissioners,  district  court 539 

Common  carriers,   bonded    for  immediate 

transportation 240 

exempt  from  forfeiture 202 

Comparison  of  cargo  and  manifest 226 

Compromise  of  claim  prohibited 206 

exception 207 

Comptroller  of  the  Treasury,  enforcement  of 

quarantine  laws  by 308 

to  allow  for  transportation  of  destitute  sea- 
men   87 

Condemnation,  costs  of,  how  paid 200-204 

See  also  Procedure. 

Consul,  aid  to  and  report  on  wrecks 325 

complaint  to,  by  crew 109 

deceased  seaman's  wages  and  effects  cared 

for  by 87,90 

destitute'seaman  cared  for  by 86 

duties  as  shipping  commissioner 69 

foreign,  not  to  return  registers  until  clear- 
ances granted 195 

inspectors  appointed  by 108 

jurisdiction  over  seaman 98 

naval  officer  acting  as 251 

prohibited  from  profiting  from  services  to 

seamen 251 

provisional  certificates  of  registry,  author- 

itytoissue 16 

reports  on  sanitary  conditions 523 

reports  to  Secretary  of  Commerce 502 

services  to  vessels 250 

statement  of  services  to  be  furnished  to 

master 195 

to  reclaim  deserters,  investigate  charges, 

etc 84 

See  also  Fees-  Health;  Tonnage  charges. 

Consulates  of  United  States,  list  of 562 

Consumptive  immigrants  prohibited 312 

Contagious  diseases.    See  Excluded  classes; 

Health;  Livestock. 
Contiguous  countries,  bill  of  health  in  trade 

with 302 

commerce  with, restrictions  and  privileges.  252 

documenting  of  vessels  in  trade  with 18, 19 

engagement  of  seamen  in  trade  with 67,72 

remission  of  penalty  incurred  on  frontiers.  330 
See  also  Canada;  Great  Lakes;  Mexico. 
Contract  laborers.    See  Laborers. 
Contract  of  seaman.    See  Shipping  articles. 

Contracts, limitations  upon  Government 540 

Conviction,  entry  in  log  book 112 

Cook  County,  111. ,  dumping  in  Lake  Michigan  41 2 

Cooking  arrangements,  steerage  passengers. .  169 

Corporal  punishment  prohibited A3 

Corporation,  American,  may  own  vessel 15 

enrollment  and  license  to 49 

may  improve  rivers - 403 

register  to 40 

Cotton  on  passenger  vessels 153 

Counsel,  officer's  right  to 57 

Count  of  passengers.    See  Manifest. 

Counterfeiting,  marine  documents 54, 55 

stamps  for  boiler  plate 129 

Courts.    See  Circuit  courts;  District  courts. 

Crew,  accommodations  for 29, 31,  111 

assignment  for  emergencies 148, 149 

certificated  lifeboat  men 148 

full  complement  required 103, 125 

rules  concerning  papers  relating  to 71 

See  also  Seaman. 
Crew  list,  what  to  contain,  and  formalities 

concerning 70, 71, 148 

Crimes,  definitions,  trials,  and  punishments.  486 
punishment  for,  committed  in  ceded  terri- 
tory   452 

See  also  Alaska;  Great  Lakes;   Penalty; 
Piracy;  Names  of  crimes. 

Crimping,  offense  and  punishment 82 

Cruelty,  complaint  by  seaman  of 78 

Cruisers,  auxiliary  naval 318 

Culebra  Island,  possession  authorized 453 

Custody  and  surrender  of  register 39 

Custody  of  property  seized  by  revenue  officers  102 

Customhouse,  removal  during  epidemic 308 


Page. 

Customhouse  brokers ,  licensing 467 

Customs  districts,  delivery  of  cargo  in  various, 

after  entry 212 

list  of _ 554 

Customs  duties.    See  Duties. 

Customs  inspection  on  frontier 254 

Customs  laws,  application  to  Alaska 284 

directly  relating  to  vessels 198 

Customs  officers,  assignment  to   duties  in 

Lighthouse  Service 535 

complaints  to,  by  crews 109 

duty  to  enforce  laws 206 

fee  schedule 549 

inspection  of  merchandise  in  transit 538 

may  administer  oaths 216 

powers,  duties,  and  responsibilities 507 

sharing  with  informer,  penalty 204 

special  agents  to  examine  records  of 536 

See  also  Collector  of  customs;  Secretary  of 
the  Treasury;  Surveyors  of  customs. 

Customs  seals  on  frontier 254 

Dairy  products,  inspection  of 341 

Damage  due  to  defects,  liabilit  y  for 124 

Damage  to  passenger,  liability  for 163 

Damage  to  vessel  or  cargo  by  seaman 91 

Dams  across  navigable  waters 403-409 

Davits,  number  and  arrangement 142-144 

Day,  unlading  by,  required 229-249 

Death,  entry  in  log  book 112 

Death  of  passenger,  payment  for  each 1 73 

Death  resulting  from  negligence,  etc 488 

Debts  of  seamen,  when  recoverable 84 

Deck  houses,  method  of  measuring 28 

Deck  room  oh  steam  vessel 151 

Deck  space  for  immigrant  passengers 165-167 

Decks,  definitions  of  passenger  and  lowest 

passenger 166 

Deductions  from  gross  tonnage 29,32 

Defects,  liability  for  damage  due  to 124 

Definition,  able  seaman 102 

certificated  lifeboat  man 148 

day 229 

decks,  passenger  and  lowest  passenger 166 

home  port 36 

master 208,498 

merchandise 208 

motor  boat 350 

net  or  registered  tonnage 26,33 

owner 63 

person 496 

port 21, 36, 208 

radio  communication 435 

register  tonnage 26 

registered  vessel 15 

sailing  vessel 356, 369, 390, 391 

seaman 63, 97 

seaman's  citizenship 64 

shanghaiing 65 

smuggling 204 

Steam  vessel 119,356,369,384,391 

steerage  passenger 165 


tonnage  deck 

under  wav 356, 369, 

vessel...: 15,63, 

vessel  of  United  States 15,18, 

visible 356,369, 

Delaware,  transit  of  merchandise  across 

Delivery.    See  Ports  of  delivery. 

Delivery  of  cargo  in  various  districts 

Department  of  Commerce,  organic  act 

Departments,  limitations  upon  expenditures 
of  executive 

Depart  ure  of  vessel,  informal 

Deposit  of  marine  papers  on  entry  of  vessel. . 

Depth  of  hold,  how  determined 

Derelicts,  removal  of 

See  also  Wrecks. 

Desertion  of  seaman 84, 9( 

coasting  trade  or  fishing  vessel 

Destination,  entry  of  merchandise  for  differ- 
ent port  of 

Destitute  seaman.    See  Seaman. 

Destroying  vessel  in  Alaska 

Detroit  River,  rule  of  the  road  on 384, 


ALPHABETICAL    INDEX. 


619 


Fage. 

Dikes,  authority  for  construction  of 40* 

See  also  Public  works. 
Diplomatic  fees,  copy  of  rates  to  be  annexed 

to  clearance 193 

Diplomatic  officers  exempt  from  provisions 

of  Immigration  law 315 

Disabled  seaman.    Sec  Seaman. 
Disabled  vessel.    See  Wrecks. 

Disasters,  report  of  marine 324, 325 

Discharge  of  seaman ,  foreign  t  rade 76-78 

form  of  certificate 97 

master  to  make  and  sign  certiflcal  e  of 79 

shipping  commissioner  to  superintend 64 

Discipline,  among  st  eerage  passengers 170 

1  Hseriminat  ing  t  onnage  tax 178 

Discrimination  in  pilotage  rates  forbidden  ...  176 
Discriminations  against  American  vessels  and 

products 183-189 

Diseased  immigrants  prohibited 312 

Diseased  live  stock.    See  Live  stock. 
Diseases.    See  Health. 
Disfigurement.    See  Mayhem. 

Disinfection  of  vessel 304 

Dismantled  vessel  exempt  from  inspection  . .  105 

Disobedience  of  seaman,  penalty  for 91 

Disposition  of  property  seized  by  revenue 

officers 199 

Distilled  spirits.    See  Liquors. 

Distress,  aid  to  vessel  in 398 

duty  of  master  to  persons  in 468 

unlading  of  vessel  in 226, 234 

See  also  Wrecks. 

Distress  signals 358, 380 

District  attorneys,  procedure  by 206 

prosecution  of  violat  ions  of  revenue  laws. . .  202 
District    courts,    appeals    of    customhouse 

brokers 468 

commissioners 539 

establishment  and  jurisdiction  in   Canal 

Zone 458 

jurisdiction  in  admiralty  cases 482 

jurisdiction  over  motor  boats 353 

offenses  connected  with  submarine  cables  499 
violations  of  wireless  equipment  provi- 
sions    427 

Districts.    See  Customs  districts;  Great  dis- 
tricts; Lighthouse  districts. 

Docks,  licensed,  in  Alaska 284 

Documents  of  vessels 35 

certification  of 50 

deposit  on  entry 195 

fraudulent  use  of 54, 55, 490 

vessels  not  requiring 19 

See  also  Names  of  documents. 
Domestic  trade.    See  Coasting  trade. 
Dominion  of  Canada.    See  Canada. 

Double  bottom ,  measurement  of 29 

Draft  in  time  of  war,  licensed  officers  exempt 

from 57 

Draft  of  registered  vessel  to  be  marked 22 

Drawback,  benefit  of ,  in  certain  cases. .  212, 248, 282 

Drawbridges,  regulations  as  to 404, 416 

Dredge,   foreign-built,  dredging  in   United 

States 268 

Dredging  of  harbors 409, 410 

Drills  of  crew  with  life-saving  appliances 149 

Drugs,  importation  of  adulterated,  prohibited  342 
See  also  Opium. 

Drunkenness,  penalty  for  seaman's 92 

Dry  docks,  etc.,  Panama  Canal 456 

Dry  Tortugas,  quarantine  grounds  at 308 

Dubuque,  Iowa,  merchandise  destined  for . . .  221 

Duces  tecum,  summons 205 

Dumping  into  navigable  waters 410 

See  also  New  York  Harbor. 

Duration  of  license,  officer 57 

vessel 48 

Duties,  customs,  on  Philippine  imports 279, 283 

discriminating 187 

favoring  United  States  vessels 187 

disposition  oi  Philippine 279,282 

foreign-built  yacht  exempt 16 

where  payable 212 

See  also  Fees;  Tonnage  tax. 

Dyewoods,  cargo  destined  "for  orders'' 217 

time  limit  for  unlading 232 

Dynamite.    See  Explosives. 


rage. 
Edgeeomb.  Me.,  merchandise  destined  for. . .      223 
Effects  of  deceased  seamen,  care  and  disposi- 
tion    87, 90 

sale  to  bo  entered  in  log  book 87, 113 

Embezzlement,  liability  of  vessel  owner 114 

Embezzling  stores  or  cargo,  penalty 91 

Emergency  expenditures 540 

Emigrant  passengers.    See  Immigrants. 

Enemy,  trading  with 474 

Enemy  vessels,  taking  over 22 

Engagement  of  seamen.    See  Shipping  arti- 
cles. 
Engine  room,  deducted  from  gross  tonnage. .        32 
Engineer,  must  admit  apprentices  to  engine 

room 163 

not  to  be  impeded  by  freight 151 

term  "officer"  includes 56 

See  also  Licensed  officers. 
Engineer  Corps.    See  Army. 
Engines.    See  Steamboat- Inspect  ion  Service. 
Enrolled  vessel.    See  Vessel. 
Enrollment  and  license,  change  to  register ...        45 

conditions  precedent  to 43, 120 

consolidation  into  one  document 47 

corporations 49 

duration  of  license 48 

expiration  while  at  sea 270 

form  of  enrollment 46 

form  of  license 47 

Great  Lakes  vessels 18 

inspection  by  revenue  officers 52 

loss  of  license 49 

numbering  of  licenses 48 

offenses  and  penalties  relating  to 54, 55 

outside  of  district 50 

possession  of  forged 270 

special  provisions 51 

surrender  of  license  for  renewal 48 

vessels  entitled  to 18 

vessels  not  requiring 19 

vessels  under  20  tons 19, 46 

yachts 19 

See  also  Procedure. 

Entrv,  before  delivery 209 

coasting  trade 263, 265, 266, 268 

deposit  of  papers  on 195 

entrance  only  at  ports  of 209 

ferryboats  exempt  from 213 

formalities  concerning 194-197 

Great  Lakes  vessels 258-260 

mail  to  be  delivered  previous  to 320, 321 

preliminary,  of  vessel 227 

to  another  great  district 265 

under  quarantine  laws 308 

vessels  exempt  from 19, 213 

vessels  exempt  from  certain  fees 214 

vessels  in  Philippine  trade 279 

wines  and  spirits 214 

within  a  great  district 263 

yacht  returning  from  foreign  port 21 

See  also  Health;    Merchandise;    Ports   of 
entry. 

Epidemic  may  suspend  commerce 305 

E  pileptic  immigrants  prohibited 312 

Equipment  of  vessels,  destruction  of  defective      105 

exempt  from  duty 215 

inspection  of 1 04 

motor  boats 351-353 

must  be  approved 124 

on  Great  Lakes,  customs  duties 257 

Errors  in  documents,  effect 20S 

Evansville,Ind., merchandise  destined  for...      221 
Evidence  in  defense  of  revenue  officer  for  sei- 
zure of  goods 199 

Excursions,  additional  passengers 159 

Executive.    See  President. 

Executive    departments,    limitations    upon 

expenditures  of 540 

Executive  officers 500 

Exemption  of  vessel  from  seizure  and  for- 
feiture       202 

Exemptions  from  certain  charges,  vessels 16, 

19,214,401 
Exemptions  from  duty  (sea  stores,  coal,  bag- 
gage, and  tools  of  trade) 214, 215 

Exemptions  from  entrv,  vessels 19, 213 

Exemptions  from  tonnage  tax 177 


620 


NAVIGATION    LAWS    OF    THE    UNITED    STATES. 


Page. 

Exhibit  of  laws  on  steam  vessel 101 

muster  roll 148 

Expenditures,  limitations  upon  Government      540 

K x plosions,  liability  for 157, 163 

Explosives,  express  packages  of 245 

gasoline,  use  on  passenger  vessels 1 54 

parking  and  marking 156, 167 

petroleum,  unlading 156 

record  of  permits  to  carry 520 

transportation  of 115, 153-158,  171 

See  also  Arms  and  ammunition. 
Export,  transfer  of  duty-paid  merchandise 

for 212 

Exports,  bullion  and  coin 192 

discrimination  against  American 185 

inspection  of 212 

unlawful  in  time  of  war 469 

Expositions,  admission  of  boats,  etc.,  for 249 

Express  packages  of  merchandise 244 

Extra  wages  of  seamen.    See  Wages. 

Failure  to  join,  seaman's 91 

False  labeling  or  branding  of  food  products . .      342 
False  swearing.    See  Perjury. 

Falsifying  records  and  documents 54, 55 

Feeble-minded  immigrants  prohibited 311 

Fees,  acts  abolishing 549, 550 

citizens  serving  as  appraisers 200 

collectors  of  customs 549 

•consular 250,251 

copy  of  rates  of  consular,  to  be  annexed  to 

clearance 196 

copies  of  records 43 

enrollment  or  license 46 

exacting  extortionate  or  illegal 54, 55, 65 

hospital  ships,  exemptions 465 

inspection  of  foreign  steamers 120 

marine-hospital  relief 98 

medical  officers 301 

payment  before  clearance 193 

posting  in  customs  offices 510 

readmeasurement 33 

schedul  e  of 549 

seaman's  witness 100 

shipping  seamen  in  coastwise  or  near-by 

foreign  trade 72 

surveyors  of  customs 52 

transporting  destitute  seaman 86 

vessels  exempt  from  certain 19, 214, 401, 465 

wharfage,  in  Porto  Rico 277 

Fellow  servant,  plea  not  applicable  in  suit 

for  damages 103 

Felony.    See  Crimes;  Penalty. 

Ferrvboat,  change  of  master 50 

exempt  from  entry,  clearance,  and  mani- 
fests       213 

inspection  of 120 

lights  on 371 

Filibustering 436 

Fines,  procedure  for  collecting 202 

See  also  Forfeiture;  Remission;  Penalty. 

Fire,  drill  of  crew 149 

liability  in  case  of 114 

protection  against 104, 151, 252 

See  also  Equipment. 
Firearms.    See  Arms  and  ammunition. 

Fisheries,  Alaskan  seal  and  salmon 288, 300 

engagement  of  seamen  in 68, 74 

form  of  license  for 47 

Hawaiian 273 

North  Atlantic,  treaty  with  Great  Britain 

concerning 288, 450 

sponge,  of  Gulf  of  Mexico   and   Florida 

Straits 465,466 

Fishing     vessels,     discrimination     against 

American 183 

engaging  in  foreign  trade 193 

exceptions  in  favor  of 69, 74, 79, 80, 81, 83 

exemptions  of . . .  104, 107, 108, 110,  111,  112, 177-178 

license  to  carry  extra  crew 159 

lights,  etc. ,  on 360, 373 

may  be  documented  by  surveyor 51 

medical  aid  from  Coast  Guard  cutters 328 

not  subject  to  tonnage  tax 177 

not  to  obstruct  New  York  Harbor 421 

permit  to  touch  and  trade  at  foreign  port. .      193 
qualifications  of IS,  270 


Page. 

Fishing  vessels,  right  of  way  of 367,379 

See  also  Cables. 

Five  tons,  licensed  vessel  over 19 

Flags,  registration  of  house 400 

Flamenco  Island,  possession  authorized 453 

Flat  cars,  immediate  transportation  on 240 

Flatboat  not  to  be  documented 17 

Floats  and  life  preservers 131 

Flogging  of  seaman  prohibited 93 

Flood  signals,  display  of 410 

Florida,  establishment  of  subports  in 560, 561 

wrecks  in  waters  of 326 

Florida  Straits,  sponge  fishing  in 465, 466 

Fog,  speed  of  vessel  in 365, 375 

Fog  signals,  Great  Lakes  and  tributaries 387 

inland  rules 374 

international  rules 364 

western  rivers 393 

See  also  Bureau  of  Lighthouses. 

Food,  for  seaman 96 

for  steerage  passengers 169 

Food  products,  adulterated 342 

interstate  and  foreign  trade  regulations 331 

See  also  Live  stock. 
Foot-and-mouth  disease.    See  Live  stock. 

Forecastle  regulations 29, 31, 104 

Foreign-built  vessels,  inspection  of  registered .  124 

registry  of 15 

Foreign   mail   in    transit    through    United 

States -  323 

Foreign  measurement    laws,   appendix    in 

compliance  with 33 

Foreign  officials  exempt  from  provisions  of 

immigration  law 315 

Foreign  ports,  desertions  of  seamen  in 84 

destitute  seamen  in S6 

discharge  of  seamen  in 76 

discrimination   against    American   vessels 

and  products  in 181-1S5 

immediate  exportation  to 269 

inspections  in 108 

jurisdiction  over  seamen  in 98 

touching  at 260 

Foreign  seamen,  desertion  in  United  States. .  S4 

j  urisdiction  over,  in  American  ports 98 

marine-hospital  relief  for 98 

Foreign  trade,  discharge  of  seamen  in 76 

enrolled  and  licensed  vessels  in 193 

live  stock  and  food  products  in ... ; 33 1 

on  Great  Lakes 18 

size  of  vessels  in 252 

Foreign  vessel,  award  for  rescue  of  American 

barred  from  coasting  trade 268 

built  in  United  States,  record  of 52 

Foreign  vessels,  coasting  voyages  by. 269 

inspection  of 119 

measurement  of 34 

not  assimilated  by  treaty  to  American  ves- 
sel   186 

purchased  of  American  during  rebellion  can 

not  be  registered Is 

to  unlade  only  at  port  of  entry 209 

See  also  Tug;  Vessel. 

Foreign  yacht,  privileges 20 

Forfeited  vessel  may  be  registered 15 

Forfeiture,  agent's  false  oath 38 

coasting  laws,  violating 270 

enrolled  or  licensed  vessel  engaging  in  for- 
eign trade 193 

exemption  of  vessel  from  seizure  and 202 

exemptions,  and  procedure  for  violating 

coasting  laws 271 

failure  to  report  sale  to  alien 43 

false  swearing  by  owner 36 

fishery  vessel  illegally  engaging  in  foreign 

trade 194 

foreign  vessel  illegally  bringing  imports 1S6 

fraudulent  use  of  documents 54, 55, 490 

illegal  change  of  name 22 

importation  of  diseased  live  stock 334 

liquors  not  properly  entered 210 

moieties  prohibited. 203 

nondelivery  of  manifest  on  < .  reat  Lakes. . .  253 
not  incurred  for  substantial   compliance 

with  form 20S 

notice  to  owner 271 


ALPHABETICAL,   INDEX. 


621 


Page. 

Forfeiture,  seal  fishing,  unlawful 291 

seizures  for  enforcing 202 

unlading,  illegal 226,230 

violating  retaliatory  proclamation  of  Presi- 
dent   183,185 

See  also  Merchandise;  Penalty;   Procedure; 
Remission. 

Forgery  ol  marine  documents 54,55.490 

form."  See  Apprentice;    Certificate  of  regis- 
try; Enrollment;  Shipping  articles,  etc. 

Fortificat  ions ,  prol  ect  ion  of 452 

Freight,  liens  for 246 

See  also  Merchandise. 

Freight  boats,  inspection  of 121 

frontiers.     Ste  Contiguous  countries. 
Fuel.    See  Coal;  Liquid  fuel. 
Fulminate.    See  Kx plosives. 

Fumigation  of  forecastles 31 

Funnel  marks,  registration 400 

Fur-bearing  animals,  restrictions  on  killing.  288-293 
Fur-seal  fisheries,  Alaskan 288-300,537 

Galena.  111.,  merchandise  destined  for 221 

(lasoline.    See  Explosives. 

G augers.    See  Customs  officers. 

General  average,  liens  for  freight  or 246 

General  issue,  plea  bv  revenue  agent 199 

Goats.    See  Live  stock. 

Goods.    See  Merchandise. 

Government  Hospital  for   Insane,   patients 

from  marine  hospitals  admissible  to . . .  98 

Government  securities,  vessels  required  to 

carry 192 

Government  vessels.    See  Public  vessels. 

Great  Britain.    See  United  Kingdom. 

Great   districts,   number,    boundaries,    and 

entry  and  clearance  regulations 262-271 

Great  Lakes-Atlantic  Canal 463 

boats  and  rafts  in  foreign  trade  on 252-260 

coasting-trade  privileges  on  Lake  Michigan  259 

crimes  on 486, 493 

dam  at  outlet  of  Lake  lirie 464 

discrimination   against   American    vessels 

passing  through 185 

dumping  in  Lake  Michigan 411, 412 

engagement  of  seamen  on 6S,  72 

entry  and  clearance  of  vessels  on 258 

foreign  trade  on 252 

inward  manifests  for  trade  on 253 

marking  pierheads  on 399 

penalty  for  violating  navigation  laws  of 260 

radio  equipment  on  steamers 426 

reciprocal  wrecking  privileges  on 325 

repairs  to  vessels  on .  dutiable 257 

reports  of  customs  officers  on 512 

restrictions  and  privilegesof  commerce  on.  252-261 

rules  of  the  road  on 390 

sale  of  blank  forms  on 513 

saloon  stores  of  vessels  on 257 

sea  stores  of  vessels  on 256 

steam  tugs  on 260 

superintendents  of  life-saving  service  on. . .  528 

vessels  enrolled  and  licensed  on IS,  19 

vessels  on ,  exempt  from  certain  charges 214 

water  levels  on 463 

See  ateo  Canada;  Contiguous  countries. 

Greenport,  N.  Y.,  merchandise  destined  for. .  223 

vessels  may  be  documented  at 51 

Greenwich,  adoption  of  meridian  of 400 

Gross  tonnage,  how  determined 26 

Guam,  Army  officers  authorized  to  issue  pro- 
visional certificates  of  registry 16 

manifests  in  trade  with 192 

money  equivalents  in 280 

shipments  of  merchandise  on  Army  trans- 
ports    468 

See  also  Insular  territory. 

Guano  islands,   discovery,  occupation,  and 

possession 442 

Gulf  of  Mexico,  rules  of  the  road  on  rivers 

flowing  into 390 

sponge  fishing  in 465, 466 

Gunpowder.    See  Explosives. 

Harbor  defenses,  protection  of 452 

Harbor  lines ,  establishment  of 409 

Harbors ,  control  of  Hawaiian 273 

control  of  Porto  Rican 276 

improvement  of  Philippine 283 


Page. 

Harbors,  obstructions  in 403 

rules  of  the  road  in 377 

vessels  employed  In,  nol  to  be  documented.  19 
See    also    Inland    waters;     Public   works; 
Rivers. 

narter  Act 116 

Hatchways,  deductions  ir,,m  tonnage 28 

Hawaii,  contract-labor  laws  not  applicable  to 

seamen  in 274 

destitute  seamen  in 86 

establishment  of  subports  in 561 

fisheries  of 273 

manifests  in  trade  with 192 

registry  of  vessels  of 272 

special  provisions  concerning 161,272 

See  also  Insular  territory, 

nawsers,  length  between  towing  vessels,  etc.  106 

Hav,  transportation  of 153 

Head  tax,  levy  and  collect  ion 311 

Health,  laws  r'elat  ing  to  public 301 

Hawaii 272 

Philippine  Islands 280 

Porto  Rico 276 

See    also    Adulterated    products;    Public 
Health  Service. 

Height  of  vessels,  how  determined 26 

Hides,  cargo  destined  "  for  orders  " 217 

imports  of  neat-cattle 339 

time  limit  for  unlading 232 

Hogs.    See  Live  stock. 

Hold,  depth  of,  how  determined 26 

Holidays,  observance  on  vessels 101 

Home  port,  definition 36 

marking  on  stern 21 

See  also  Port. 

Homicide 487 

Honolulu.    See  Hawaii. 
Horses.    See  Live  stock. 

Hospital  equipment  for  crew 30 

Hospital  ships,  exemptions 465 

Hospitals,  quarantine 308, 309 

Hospitals  for  seamen 97 

Hospitals  for  steerage  passengers 169 

Hours  of  service,  licensed  officers 126 

seamen 101 

House  flags 400 

Houston,  Tex.,  merchandise  destined  for 221 

Hudson  County,  N.  J.,  vessels  documented 

at  Jersey  City 51 

Hulls  of  vessels,  inspect  ion  of 104 

Husband,  ship's,  authority  to  incur  liability 

for  repairs,  supplies,  etc 466 

Tlydrographic  Office,   Navy,  establishment 

and  duties 399 

Ice,  unlading  of  vessel  obstructed  by 235 

Idiots,  immigration  prohibited 312 

111  treatment  of  crew 491 

Illness,  entry  in  log  book 112 

Imbecile  immigrants  prohibited, 312 

Immediate  delivery  ofmerchandise 239 

Immediate  exportation  of  merchandise  to 

foreign  port 269, 285 

Immediate  transportation  of  merchandise..  239 

ports  of 239,241,559 

Immigrants,    accommodations     on    vessels 

for 165, 173 

deportation  of  rejected 311 

detention  on  board 311 

excluded  classes 312 

head  tax  on 311 

illegal  landing 313 

registry  and  naturalization 316 

See  also  Inspection,  hulls  and  equipment. 

Immigration,  boards  ofinquirv 525,526 

laws  relating  to 311, 523 

administration  in  Philippines 316 

Immigration   laws,    posting    by    steamship 

companies 315 

Impairing  public  works 412, 414 

Import  duties  by  States  forbidden 307 

Imports.    See  Merchandise. 

Improvements  to  navigation 406, 411 

Incorporated  company.    See  Corporation. 

Indian,  Metlakahtla,  eligibility  as  officer 56 

Indians,   sale   of   firearms   and    liquors   to 

Alaskan 284 

Infectious   diseases.    See   Excluded   classes; 
Health;  Livestock. 


622 


NAVIGATION   LAWS   OF   THE   UNITED   STATES. 


Page. 

Inflammables.  See  Explosives. 

Informers,  awards  to,  and  restrictions 203 

remission  of  penalty,  effect  on 330 

Injury,  entry  in  log  hook 112 

Inland  waters,documents  of  vessels  navigating  19 

liability  laws  applied  to 116 

rales  of  the  road  on 369, 380 

Insane  immigrants  prohibited 312 

Insane  in  marine  hospitals  admissible  to 

Government  Hospital  for  Insane 98 

Inspection,  appeal  in  cases  of 123, 125 

barges 105 

boilers  and  boiler  plate 127-130 

customs,  on  frontier 254 

enrollment  and  license 52 

gas,  naphtha,  electric,  etc.,  launches 121 

hulls  and  equipment 104 

immigrant  ships 173 

inward  manifests 218 

merchandise  laden  for  export 212 

motor  boats 121, 350-355 

provisions  and  water 109 

quarantine 304 

registered  foreign-built  vessels 124 

State  laws,  effect  of 192 

steam  vessels 119 

tugboats,  towing  boats,  and  freight  boats. .  121 

vessels,  occasional  or  special 123 

See  also  Adulterated  products,  etc.;  Cer- 
tificate of  inspection,  Steamboat- 
Inspection  Service. 

Inspection  laws,  motor  hoats  for  enforcing. . .  467 

Inspectors.  See  Customs  officers;  Light- 
house inspectors;  Local  inspectors; 
Merchandise;  Supervising  inspectors; 
Treasury. 

Insular  territory,  manifests  in  trade  of 192 

money  equivalents  in 280 

Insurance,  fraudulently  obtaining 492 

Insurance,  War  Risk 542-548 

Internal  revenue  of  Philippines 260 

Internal  waters.    See  Inland  waters. 

International  Convention  for  Protection  of 
Submarine  Cables.    See  Cables. 

International  Marine  Conference,  reconvening 

of  del  egates  to 369 

International  rules  to  prevent  collisions 355 

limit  of  application 380 

Interstate  Commerce  Commission,  authority 

over  transportation  of  explosives 156,157 

jurisdiction  over  Panama  Canal  traffic  in 

certain  cases 460-462 

Interstate  trade,  adulterated  products 343 

live  stock  and  products  of 331 

vessels  engaged  in 19 

See  also  Coasting  trade. 

Invoice,  fraudulent,  in  Alaska 286,287 

Inward  manifest.    See  Manifest. 

Iron,  i  mmediate  transportation  of 240 

special  entry  of 211 

Irondequoit  Bay  declared  navigable 121 

Isknds.    See  Guano  islands;  names  of  islands. 

Isthmian  Canal.    See  Panama  Canal. 


Japan,  lights  on  fishing  vessels  in  seas  border- 
ing       361 

treaty  relating  to  pelagic  sealing 288 

Japan  Sea,  pelagic  sealing 288-293 

Jeffersonville,    lnd.,    merchandise   destined 

for 221,224 

Jersey  City,  vessels  documented  at 51 

Jetty  obstructing  navigation 409 

See  also  Public  works. 

Join,  seaman's  failure  to 91 

Joint  liability  of  vessel  owners 115 

Jurisdiction,    American  seamen  in  foreign 
ports  and  foreign  seamen  in  American 

ports 98 

CanalZone 454, 457-459 

ceded  territory 539 

offenses  in  Alaska 288-300 

over  offenses  begun  in  one  district  and 

completed  in  another 486 

transferred  from  circuit  to  district  courts. .      482 
See  also  Circuit  courts;   District  courts; 
Crimes. 

Jute  butts,  cargo  destined  "for  orders  " 217 

time  limit  for  unlading 232 


Page. 

Kamchatka  Sea,  pelagic  sealing 288-293 

Kansas  City,  Mo.,  merchandise  destined  for. .      221 
Keepers   of  life-saving  stations.    See   Life- 
Saving  Service. 

Keokuk,  Iowa,  merchandise  destined  for 221 

Kittery,  Me.,  merchandise  destined  for 223 

Korea/lights  on  fishing  vessels  in  seas  border- 
ing       361 

Labeling,  false.    See  Adulterated  products. 

Laborers,  exclusion  of  contract 486 

Lading.    See  Merchandise. 

Lake  Champlain,  clearance  on 225 

entry  of  merchandise  on 261 

Lake  County,  111.,  dumping  in  Lake  Michi- 
gan       412 

Lakes.    See  Great  Lakes;  Inland  waters. 
Land,  imports  bv,  prohibition  and  excep- 
tions       252 

Landing,illegal,  of  immigrants 313 

See  also  Merchandise. 

Larceny,  offense  and  punishment 489 

Laimches,  inspection  of 121 

Lavatory  accommodations  for  crew 31 

Laws,  exnibi tion  on  steam  vessels 161 

motor  boats  for  enforcing  navigation 427 

See  also  Posting. 

Layshipmentin  fisheries 74-76 

Leavenworth,  Kans.,  merchandise  destined 

for 221 

Lemon  j  uice  required  on  vessels Ill 

Length  of  vessels,  how  determined 25 

Levee.    See  Public  works. 

Liability,  agreement  to  relieve  from 116 

owners,  masters,  and  shippers 114,163 

Libel,  bond 117 

for  wages,  vessel  exempt  f  rem 82 

to  enforce  penalty 203,353 

Great  Lakes 260 

See  also  Procedure. 
License.    See  Enrollment;  Licenses. 
Licensed  and  enrolled  vessel.  See  Enrolled 
vessel;  Enrollment  and  license. 

Licensed  officers,  alteringlicense 61 

appeals  allowed  to 123 

citizenship 15,34,56,57,124 

complement 56, 12b,  126 

deck  space  assigned  by 151 

duty  to  aid  steambi  at  inspectors 162, 163 

examination  for  color  blindness 57 

exhibition  of  license 58 

failure  to  employ 58 

failure  toreport  accidents,  etc 163 

hours  of  service 126 

investigation  as  to  competency  of 162 

liability  of 115,163 

master  or  mate  acting  as  pilot 61 

may  demand  inspection  of  seaworthiness.  106, 108 

not  to  visit  steerage 171 

oath  and  perjury  of 61 

offenses  by  seamen  against 91, 92 

offenses  of,  resulting  in  loss  of  life 488 

passengersteamers 54, 125 

qualifications  and  disqualifications 56, 61 

refusal  to  serve 163 

renewal  of  license  when  absent 57, 162 

service  during  war 57 

summary  trial,procedure 484 

temporary  service  of  alien 56 

vessels  requiring 58,120,121,125 

See  also  Engineer;  Licenses;  Master;  Mate; 
Pilots;  Suspension  of  license,  etc. 

Licenses,  cruising,  yachts 20 

customhouse  brokers 467 

interstate  radio  communication 427, 428 

officers',  appeal  from  decisirns  regarding..    122 
conditions  precedent  to  granting,  and  dis- 
qualifications  58, 61 

duration  and  renewal 57 

motor  boat 121, 352 

must  be  displayed 58 

officers  requiring 58 

penalty  fox  forgery 61 

record  of 520 

renewal  during  personal  absence 162 

See  also  Licensed  officers. 

radio  operators 429 

special  Alaskan 284 

vessels'.    See  Enrollment  and  license. 
Lien,  by  bottomry 42 


ALPHABETICAL   INDEX. 


623 


Page. 

Lien,  for  freight  or  general  average 24G 

for  noncompliance  with  wireless-equipment 

law  or  regulations 427 

for  repairs,  supplies,  etc 466 

of  seamen 7S 

to  secure  penalty  for  violation  of  health  reg- 
ulations   301, 302 

tolls  for  passage  through  St.  Mans  Falls 

Canal  to  constitute 180 

Life,  negligence  resulting  in  loss  of,  offense  and 

punishment 488 

Life  buoys,  specifications  and  number 149, 150 

minimum  number 149, 150 

Life  jackets,  specifications  and  number 149, 150 

Sec  also  Life  buoys:  Lifeboats:  Life-saving 
appliances. 
Life  rafts.    See  Lifeboats. 
Lifeboat    men,    certificated,    assignment    to 

boats 147, 148 

qualifications 148 

Lifeboats,  capacity  determinations 137-140 

davits  for 142-144 

equipment 141 

manning 143, 147, 148 

marking  of  capacity 141 

number  and  capacitv,  minimum 144 

standard  types 133 

specifications 133-140 

Life-saving  apparatus,  requirements  as  to 106 

121, 131, 133-150, 159,  352.  423 

Life-saving  medals 444 

Life-Saving  Service.    See  Coast  Guard. 
Light  and  air  spaces,  exempt  from  measure- 
ment          32 

for  steerage  passengers 168 

Lighthouse   districts,   number   and   control 

over 534 

Lighthouse  Service.    See  Bureau  of  Light- 
houses. 
Lighthouse  inspectors,  appointment,  duties, 

and  salaries 534 

Lighthouse  keepers,  salaries 535 

Lighthouses.    See    Bureau    of    Lighthouses: 

Public  works. 
Light  vessels.    See  Bureau  of  Lighthouses. 

Light  money 17, 180 

Lighters,  in  Philippine  harbors 279 

not  to  be  documented 19 

Lights,  display  of  false 492 

interference  with  range 401 

on  bridges,  dams,  etc 404, 407 

on  vessels,  Great  Lakes  and  tributaries 390 

high  seas 356 

inland  waters 369 

motor  boats 350-353 

western  rivers 391 

working  on  obstructions  to  navigation.  371,378 

on  wrecks  or  obstructions 399 

Lime  juice  required  on  vessels Ill 

Limit  of  time  for  unlading 232 

Limitations    upon    expenditures    of    public 

moneys 540 

See  also  Statute  of  limitations. 

Liquid  fuel,  use  of 154, 155 

Liquors,  adulterated,  prohibited 342 

entry  of 214 

vessel  with 210 

manifest  of,  in  coasting  trade 262, 

263,264,265,266,267 

on  Great  Lakes  vessel 257 

sale  prohibited  in  Alaska 284 

sale  to  Pacific  islanders 452 

unlading  of 233 

Live-oak  timber,  restriction  upon  clearances 

of 193 

Live  stock,  and  products  of,  interstate  and 

foreign  trade  regulations 331 

liability  in  transportation  of 117 

transportation  on  passenger  vessels 171 

See  also  Adulterated  products. 

Loading  safety  valve  forbidden 130 

Local  inspectors,  appeal  from  decisions  of 122 

authority  over  motor-boat  operators 353 

duties  respecting  certificates  issued  to  able 

seamen 102 

fee  schedule 549 

licenses  bv,  to  earrv  gunpowder 153 

qualifications  and  duties.  104, 122, 162, 163,516-519 


Page. 
Local  inspectors,  supervising  inspector  to 

report  negligence  of 102 

See  also  Inspection:  Supervising  inspectors. 

Lock  tolls,  exemptions .• 401 

Lodgers,  soliciting  seamen 86 

Log  books,  offenses  of  seamen  to  be  entered  in.       91 

requirements  as  to 112,113 

Logs,  floating  of  loose 413 

Long  Island,  N.  Y.,  coasting  trade 267 

Long  Island  Sound,  dumping  in 421,422 

Loss,  of  license 49 

of  register 43 

See  also  Liability. 

Lost  vessel,  report  of 324 

Louisiana,  establishment  of  subportsin 560 

Loiu'sville,  Ky.,  merchandise  destined  for 221 

Machinerv  for  repairing  vessels  exempt  from 

duty 247 

See  also  Inspection:  Steamboat-Inspection 
Service. 

Madison,  Ind.,  merchandise  destined  for 221 

Mail  service,  ocean 16, 317 

Manhole  for  externally-fired  boilers 129, 130 

Manifest,  Alaskan  and  insular  trade 192, 279 

coasting  trade 262-266 

licensed  vessel  under  20  tons 266 

vessel  touching  at  foreign  ports 260 

comparison  of  cargo  and 218, 226, 233 

disagreement  between  cargo  and 218, 226, 233 

ferryboat  exempt  from 213 

filing,  in  Great  Lakes  trade 258, 259 

foreign  vessel  on  coasting  voyage 269 

inspection  of 218, 226, 327 

inward,  general  provisions  concerning 217 

special,  for  Treasury  Department 210 

vessel  on  Great  Lakes 253 

oath  and  filing  to  obtain  clearance 190 

outward 190, 191 

passenger 159, 100, 172 

post  entry  to 233 

I 'hilippine  trade 279 

railroad  and  other  cars  exempt  from 238 

Manning,  agreement  between  master  and  sea- 
men   67, 69 

apprentices 66 

certificated  lifeboat  men 147, 148 

citizenship  of  officers 34, 46, 56, 124 

competency  of  crew 101-103,125,126 

engaging  seamen  in  foreign  ports 69 

lifeboats 147, 148 

See  also  Seaman;  Undermanning. 

Manslaughter,  offense  and  punishment 487 

Manua,  manifestsin  trade  with 192 

money  equivalents  in 280 

See  also  Insular  territory. 

Manuals.     See  Charts. 

Maps.    See  Charts. 

Marine  Conference,  International,  reconven- 
ing of  delegates  to 369 

Marine  disasters,  report  of 162,324 

Marine  documents.    Sec  Documents. 

Marine-Hospital  Service.    See  Public  Health 
Service. 

Marine  hospitals,  how  supported,  and  who 

entitled  to  relief 97, 98, 328 

sale  and  lease  of 522 

Marine  parades,  supervision 396 

Mariner.    See  Seaman. 

Maritime  liens.    Sec  Lien. 

Maritime  offenses.    See  Crimes. 

Marooning,  offense  and  punishment 491 

Marriage,  entry  in  log  book 113 

Marten  hunting  in  Alaska 293 

Master,  acting  as  pilot 61 

agreement  with  seaman  in  foreign  trade —        67 

before  consuls  in  foreign  ports 69, 70 

arbitration  of  disputes  before  shipping  com- 
missioner         85 

assistance  to  destitul  e  seamen 86 

authority  to  incur  liability  for  repairs,  sup- 
plies, etc 466 

bond  to  secure  duties 213 

care  and  disposition  of  effects  of  deceased 

seaman 87-90 

certificate  of  discharge  to  be  made  and 

signed  bv 79 

change  of..." 40,51,53,61 


624 


NAVIGATION   LAWS   OF   THE   UNITED   STATES. 


Master,  definition  of (12, 208, 498 

duties  on  entry  of  vessel 209-241) 

duties  respect ing  persons  in  danger 4G8 

engagement  of  seamen  in  coasting,  fishing, 

or  near-by  foreign  trade (i8, 72, 73 

examination  for  color  blindness 57 

may  recover  penalty  from  owner 112 

may  ship  seamen 66 

must  allow  seamen  to  go  ashore  to  com- 
plain   110 

must  conform  to  requiremen  tsof  inspectors.  123 
Masters  must  procure  substitutes  for  desert- 
ing and  injured  seamen'. 69 

oath  of  citizenship 3G 

oath  of  mail  delivery  on  entry 320, 321 

oath  on  change  of  trade 45 

oath  to  crew  list 70 

oath  to  secure  enrollment 45 

oaths,  no  release  from 207 

quarters,  deducted  from  gross  tonnage 31 

removal  by  owner 61 

report  and  declaration  on  arrival  at  port. . .  209 

responsibility  concerning  apprentices 66 

sailing   without   wireless  equipment,   lia- 
bility   427 

statement  of  consular  services  to  be  sur- 
rendered to  collector 195 

summary  trial  of 431 

to  countersign  certificate  of  measurement . .  25 

to  exhibit  laws  on  steam  vessel 161 

to  explain  deficiency  in  ere w 125 

to  keep  list  of  passengers 159, 160 

to  keep  weights  and  measures Ill 

to  maintain  discipline  and  cleanliness  in 

steerage 170 

to  provide  forinspection  of  seaworthiness.  106-108 

to  provide  space  for  passengers 165-167 

to  report  delivery  of  mail  on  entry 320 

See  ateo  Licensed  officers;  Licenses;  Pen- 
alty; Shipping  articles. 

Mate,  acting  as  pilot 61 

examination  for  color  blindness 57 

number  required  on  vessels 125, 126 

See  also  Licensed  officers;  Licenses. 

Mayhem,  offense  and  punishment 488 

Measurement  of  merchandise.    See  Merchan- 
dise. 
Measurement  of  vessels,  general  provisions  re- 
lating to  methods,  deductions,  etc 25,34 

appendix  to  certificate  of  registry 33 

certificate  of,  form  of 25 

penalty  for  false 54,55 

Executive    order   suspending,    in    certain 

cases 34 

fees 33 

foreign  vessel 34 

new,  not  required  of  vessels  measured  prior 

to  April  1, 1895 33 

regulations  for  enforcing  law 33 

sufficiency  of  prior 19,25 

vessels  under  20  tons 19 

vessels  exempt  from 34 

Measures  to  be  kept  on  board Ill 

Measures.    See  Customs  officers. 

Meat  products,  interstate  and  foreign  trade 

regulations 331 

Medals,  life-saving 444 

Medical  attendance  on  steerage  passengers ...  169 

Medical  officers,  fees  and  duties 301 

See  also  Public  Health  Service. 

Medicine  chests  required  on  vessels Ill 

Mediterranean  passport,  deposit  with  con- 
sular officer  in  foreign  port 196 

forgery  of 54 

Mediterranean  Sea,  lights  on  fishing  vessels..  361 

Memphis,  Tenn.,  merchandise  destined  for...  221 

Mentally  defective  immigrants  prohibited ...  312 
Merchandise,    admission    of    Spanish,    into 

Philippines 278 

Alaska,  special  crimes  relating  to 286 

bill  of  lading  for 117 

bond  of,  for  reexport 211 

bonded,  unlawful  removal 236 

bonded   warehouses,   shipments  from,   to 

Philippines 283 

Canada  or  Mexico,  transit  through 238 

Canal  Zone,  imports  into 463 


Page. 
Merchandise,   coasting  laws,   forfeiture  for 

violation  of 252,268,271 

coastwise  transportation  of  foreign 261 

comparison  with  manifest 218, 226, 233 

day,  unlading  by,  required 229 

definition 208 

delivery  in  various  districts 212 

discharge  of  cargo  destined  "for  orders  " . . .      217 

discharge  on  Great  Lakes 260 

discriminating  duties 187 

discriminat  ions  against  American 183-187 

entry  of,  general  provisions 208-246 

at  special  ports 221 

for  different  port  ot  destination 225 

on  Lake  Champlain 261 

express  packages 244 

fraudulent  importation 243 

frontier  commerce 252 

inspection  of 254 

Guam,  shipments  on  Army  transports 468 

immediate  delivery 239 

immediate  exportation  to  foreign  ports.. .  268, 285 

immediate  transportation 239 

list  of  oorts  of 239,241,559 

inspection,  for  export 212 

inspector  of  customs  to  accompany  -  -  222, 223, 230 

lading  and  unlading 226, 227, 229 

See  aUo  Unlading. 

liability  for  loss  of .' 114 

lien  for"freight  or  general  average 246 

manifest,  in  coasting  trade 262, 266 

inward 217 

on  Great  Lakes 253 

post  entry  to 233 

outward,  on  Great  Lakes 258 

railroad  cars  or  vehicles  exempt  from  fees.      238 

vessels  touching  at  foreign  ports 260 

night,  lading  or  unlading  by 227 

procedure  on  seizures 199,482 

recovery  of  sunken 248 

removal  for  quarantine  purposes 307 

salvage  of 243 

sealing  by  night 231 

seizure  by  Treasury  official,  authorized . . .  198, 199 

seizure  in  Alaska 287 

smuggling,  compensation  for  detecting . . .  203, 204 

transfer  of  dutv-paid,  for  export 212 

transit  in  Alaskan  and  frontier  trade 256 

transit  in  bond  through  Alaska  and  Canada.      286 
transit,  inspection  in  foreign  contiguous  ter- 
ritory   - 538 

transporation  in  bond 236 

to  special  ports 237 

unlading 226-236 

unlading,  by  night 227-229,259 

cargo  in  bulk 211 

confined  to  ports  of  entry 209 

limit  of  time 232 

liquors - 233 

on  Great  Lakes 259-260 

returns  of 234 

supervision 230 

vessel  in  distress 226, 227, 234 

vessel  obstructed  by  ice 235 

unlawful  removal  of  bonded 236 

See  also  Cargo;  Crimes;  Health;  Penalty; 
Piracy;  Wrecks. 

Merchant  cruisers 318 

Merchant  seaman.    See  Seaman. 
Merchant  vessel.    See  Vessel. 

Meridians,  adoption  of 400 

Metlakahtla  Indian,  eligibility  as  officer  of 

vessel 56 

Mexico,  bonded  merchandise  in  transit  to  or 

through 237, 238 

See  also  Contiguous  countries. 

Military  schools,  aid  to 446-448 

Militia,  enforcement  of  neutrality  laws  by 438 

exemptions  from  duty  in 63 

Naval,  aid  to 448 

Mines,  protection  of  submarine 450 

Mink  hunting  in  Alaska 293 

Mississippi  River,  army  engineers  as  light- 
house inspectors 535 

coasting  law  concerning 266 

crew  accommodations  on 30,31 

inspection  of  boilers  on 127 


ALPHABETICAL    INDEX. 


625 


Page. 
Mississippi  River,  ports  for  entry  of  foreign      221 

merchandise 

protection  of  passes 420 

See  also  Western  rivers. 
Mitigation  of  penalty.    See  Remission. 

Moieties  to  informers  prohibited 203 

Money,    equivalent    rates    in    Philippines, 

Guam,  Tutuila,  and  Manua 280 

vessels  required  to  carry 192 

Moorings,  injury  to 492,493 

Mortgage  of  vessel 42 

Mother  of  deceased  life  saver,  pension 530 

Motive  power,  liquid  fuel  for 154, 155 

Motor  boats,  classification,  inspection,  equip- 
ment, and  navigation 121,350-355 

imported  for  temporary  use,  duty 249 

numbering   of 353 

taxes  on 354 

transportation  of  fuel  for 154 

use  in  enforcing  navigation  laws 467 

use  as  lifeboats 133, 136, 154 

See  also  Yachts. 

Motor  vehicles  on  passenger  vessels 154 

Murder,  offense  and  punishment 487,496 

Munitions  of  war.    See  War  materials. 

Muster  of  crew  for  boat  and  fire  drills 149 

Muster  of  seamen  on  return  to  United  States . .       70 

Muster  roll,  posting 148 

Mutiny,  offense  and  punishment 491 

Mutual  release,  master  or  owner  and  seaman. .        7S 

Name  of  vessel,  change  of 22, 53 

where  and  how  to  be  displayed 21 

Naos  Island,  possession  authorized 453 

Nashville,  Term.,  merchandisedestined  for. .      221 

Natchez,  Miss.,  merchandise  destined  for 222 

Naturalization  of  aliens 316 

Naturalization  of  seamen 64 

Nautical  Almanac,  printing  and  distribution.      399 
Nautical  books.    See  Charts. 

Nautical  instruction 446-448 

Nautical  purposes,  meridian  for 400 

Naval  cruisers ,  auxiliary 318 

Naval  Militia,  aid  to 448 

Naval  officer.    See  Navy. 

Naval  officer  of  customs ,  duties  of 39,  50, 508 

See  also  Customs  officers;  Treasury. 
Naval  vessels.    See  Public  vessels. 

Navigation,  aids  to 398-402 

Philippine  Islands 283 

Porto  Rico 276 

private 403,536 

See  also  Bureau  of  Lighthouses. 

application  of  laws  to  Alaska 284 

canal 419 

obstructions  t" 398, 402 

powers  and  duties  of  Bureau  of 504-506 

Navigation  laws,  motor  boats  for  enforcing. . .      467 

Navy,  auxiliary  cruisers  in 318 

coal  for 462 

neutrality  laws  enforced  by 438 

officers  of  assignment  to  lighthouse  dis- 
tricts        5:34 

coast  surveying  by 539 

complaintsby  crew  to 109 

designation  as  supervisor  of  New  York 

Harbor 425 

detail  to  schools 447, 448 

may  act  as  consuls 251 

service  on  mailsteamers 319 

ration 451 

seal  fisheries  law  enforced  by 299, 300 

transportation  of  supplies  for 464 

See  also  Public  vessels;  Secretary  of  the 
Navy. 
Neat  cattle.    Sie  Live  stock. 
Negligence,  etc.,  resulting  in  death,  offense 

and  punishment 488 

Net  tonnage,  definition 26, 33 

how  determined 29 

to  be  marked  on  main  beam 33 

Neutrality,  offenses  against 436 

New   Albany,   Ind.,   merchandise  destined 

for 221 

New  Brunswick.    See  British  North  America. 

143562°— 20 40 


Page. 

New  Jersey ,  transit  of  merchandiseacross 224 

New  ( trlciins.  departure  of  vessel  for  Natchez 
or  Yieksburg  from,  without  customs 

officer 322 

merchandise  for  ports  on  Mississippi  River 

and  tributaries  entered  at 221 

New  River,  N.  C,  vessels  documented  at  Wil- 
mington         .51 

New  York  Harbor,  special  laws  for  protection 

of 421 

Newcastle,  Me.,  merchandise  destined  for..      223 

Newfoundland: 

engagement  of  seamen  in  trade  with i>7,  72 

See  also  British  North  America. 

Niagara  River,  rule  of  the  road  on 384,389 

Night,  lading  or  unlading  by 227 

on  Great  Lakes 259 

Nitroglycerin.    Sic  Explosives. 

Noncontiguous  territories.    See  Insular  terri- 
tory; also  Alaska,  Hawaii,  etc. 

Northern,  etc.,  frontiers.    See  Canada;  Croat 
Lakes. 

Notes  and  bonds.  United  States,  vessels  re- 
quired to  carry 192 

Notice  of  valuable  shipment,  shipper  must 

give 114 

Nova  Scotia.    See  British  North  America; 
Canada. 

Number,  official,  of  vessel 21 

Numbering  motor  boats 353 

Oaths,  officials  authorized  to  administer 226, 

227,229,522,525,540 

Obstructions  to  navigation 398, 403 

See  also  New  York  Harbor. 

Ocean  mailsenice 317 

Offenses ,  log-book  entries  of 112 

penalties  for  undefined 490 

See  also  Crimes;  Penalty. 

Officer  licensed.    See  Licensed  officers. 

Official  number  of  vessel 21 

<  )gdensburg,  tolls  for  passengers  and  freight 

landed  at,  via  St.  Marys  Falls  Canal. .      186 

Okhotsk,  seal  hunting  in  sea  of 288,290 

Omaha,  Nebr. ,  merchandise  destined  for 221 

Onslow  County,  N.  C,  vessels  documented 

at  Wilmington 51 

Open  vessels ,  tonnage,  how  determined 29 

Operators,  license  for  motor  boat 352 

radio  apparatus.    See  Radio  communica- 
tion. 

Opium,  import  restrictions 346-349 

sale  to  Pacific  Islanders 452 

See  also  Cocaine. 

"  Orders,"  time  limit  for  unlading  cargo  for. .      232 
vessel  or  cargo  destined  for 217 

Oregon,  jurisdiction  over  offenses  in  A  laska. .     292, 
298,299 

Organic  act,  Department  of  Commerce 502 

remission  of  penalty  incurred  in 330 

Otter  hunting  in  Alaska 293 

< >tter  Island,  Alaska,  reservation 265 

Overtaken  or  overtaking  vessel.    See  Lights 
on  vessels;  Steering  rules. 

owner,  arbitration  of  disputes  before  shipping 

commissioner 85 

Owner,  change  of 40, 41, 50 

definition 63 

liability  of 112, 114, 163, 397 

may  ship  seamen,  when 66 

must  be  citizen 15 

alien  resident  may  own  steamboat is 

noncompliance  of,  with  inspection  laws...      Iii3 

oath,  on  registry  of  vessel 35 

to  secure  enrollment  and  license 45, 49 

oaths,  exemption  from 207 

offense  of,  resulting  in  loss  of  life 488 

offenses  against,  by  seamen 90-93 

port  of 36 

removal  of  master  by t>i 

to  countersign  certificate  of  measurement  25 

to  obtain  copy  of  shipping  articles 71 

See  also  Corporation. 

Ownership,  oath  of,  on  entrance l'Ji 

Oyster  vessel.    See  Fishing  vessels. 


626 


NAVIGATION  LAWS  OF   THE   UNITED  STATES. 


Page. 
Pacific  Islanders,  sale  of  arms,  liquors,  etc.,  to     452 

I  aeific  Ocean,  seal  fisheries 288-294 

Paddle    vessel,    deductions    for    propelling 

power 39 

Paducah,  Ey.,  merchandise  destined  for"  221 

'alatka,  Fla.,  merchandise  destined  for  .  2'>0 

Panama,  roast  ing  trade  via  Isthmus  of. .  538 

1  anama  Canal  act    453-463 

boundary  of  Canal  Zone 45:5 

claims  for  damage  to  vessels,  cargo,  or  pas- 
sengers   r  450 

dry  docks,  etc.,  establishment."   456 

government  and  cont  rol . . .  454  4  -,7 

jurisdiction  over  traffic  by  Interstate  Com-    ' 

merce  Commission  in  certain  cases.      460-462 
merchant  seamen  in . . .  103 

tolls  for  vessels .'.'.' "      455 

for  passengers "      45c 

See  also  Canal  Zone. 

Papers,  summons  to  produce 005 

Parades,  supervision  over  marine .' .   399 

Parkersburg,  W.  Va.,  merchandise  destined 

for 221 

Passenger  act  of  1882 \\ 165 

Passengers,  accommodations  for .  i«5 

inspection  of "104  173 

additional,  permitted  for  excursions.       '        'l59 
counting  on  excursion  boats 407 


deaths  of. 

discrimination  against  American,"  on  Cana- 
dian canals. 


foreign  vessel  transporting,"  between"  Ameri- 
can ports 268 

liability  for  damage  sustained  1  iv. .   103 

manifest  of "  159  1^3 

permit  to  land,  on  Great' Lakes."! '260 

rate  of  toll,  Panama  Canal 456 

transfer  from  Alaska  and  ( 'anada  256 

See  also  Baggage:  Health. 
Passes  of  Mississippi  River,  protection  420 

Passing  vessels.    See  Lights  on  vessels;  Steer- 
ing rules. 
Passports  1 0  foreign-going  vessel ....  ion 

Pelagic  sealing.    S><  Alaska;  Seals. 
Penalty,  abandonment  of  seamen    .  491 

accommodations.    Se(  Crew:  Inspectors 

adulterated  products,  trade  in 342-345 

See  also  Live  stock, 
agreement.    See  Shipping  artieles. 
aids  to  navigation,  unlawful  private . .   .  536 

Alaska,  alien  fishing  in 299 

procedure  for  remission  of,  "in '      2  5 

special  crimes " '      286 

unlawful  salmon  f.shing  in.... ! ! ! ." '  '295  298  299 
unlawful  transfer  of  passengers  or  mer-    ' 

chandisefrom 256 

alien  fishing  in  Alaska 299 

allotment  law,  violations 82  S3 

American  products,  discrimina'tion'against'      185 

apprenticeship  law,  violation 67 

appropriations,  expenditures  in  excess  of         541 

arson «« 

assault 

assault  of  officer  by 

assistance  to  Treasury  official  in  search  "or 

seizureofvesselorcargo,  failure  to  render      199 

baggage,  smuggling  goods  in 216 

barge,  navigating  without  inspection,  etc         106 

barratry "      4g2 

bill  of  lading,  refusal  to  issue... ...   117 

boarding.    See  Customs  officers:  Vessel, 
boiler  plate,  counterfeiting  stamp  on.  129 

boilers,  construction  of  defective  128 

bonded  merchandise.    See  Merchandise." 
breaches  ol  duty  b\  seaman.  90-93 

bridges,  violating  act  regulating  404 

British    North    America.        Su    Canada: 
Frontiers. 

cables, injury  tosubmarine 497-499 

Canada,  landing  merchandise  exported  to         238 
unlawful  transfer  of  passengers  or  mer- 
chandise from 256 

Sei  also  Frontiers. 
cargo.    See  Merchandise, 
cattle  on  passenger  vessels,  carrying  171 

e:  it  ideate,  altering r>l 

failure  to  deliver  up  1  emporary . .     37  3* 

change.    Sec  Master;  Trade 


4s7 


Page. 

Penalty,  citizenship,  false  oath  of 3fi 

claim,  abatement  or  compromise  of  .  207 
clearance,  departure  of  vessel  without  ob- 
taining   190 

See  also  Coasting  trade. 

clothing,  detention  of  seaman's . .  83-84 

failure  to  provide  slop  chest  of...  "      m 

coasting  laws,  evasion  on  frontiers ....  252 

procedure  for  violal  ion  of . . .  271 

specified  offenses  and  penalties. .         "         270 

coasting  trade,  foreign  tug  towing  in.  270 

violating  entry  or  clearance  provisions.  263-268 

coasting  voyage,  foreign  vessel  on  269 

collisions,  failure  to  stav  bv  in  cases  of  3.50 

violatingrules  to  prevent 369, 390, 395, 396 

Columbia  River,  failure  to  observe  formal- 
ities on  entering  or  leaving. .  225 
consular  services,  failure  to  surrender  state- 
ment of J95 

corporal  punishment  of  seaman 93 

cotton  shipped  in  violation  of  law ' "  "153  155 

counterfeiting  stamp  on  boiler  plate. .  '129 

crew,  accommodations,  defective. ..  30  112 

on  Mississippi  River  steamboats,  in-    ' 

sufficient 30  31 

damaging  or  endangering,  bv  master  or    ' 

seaman ." 92 

failure  to  explain  deficiency.    125 

ill  treatment  of 491 

crew  list,  failure  to  observe  laws  relating  to!        71 

crimping g2 

customhouse  brokers,  abuse"  ofVicense'.' '. " "      467 

customs  officers,  interference  with 198 

199,231.  254.  255 

offenses  of       202,510-512 

customs  official  in  search  or  seizure  of  vessel 

or  cargo,  failure  to  render  assistance  to.      199 
damaging   or   endangering   cargo,    vessel, 
passengers,  or  crew  by  master  or  sea- 


dams,  violating  act  regulating 407  408 

death  of  passenger,  failure  to  pav  for. . .  '173 

death  resulting  from  negligence/ etc 488 

deck  room,  failure  to  provide 1.51 

desertion.    See  Seaman. 

departure,  illegal 190,222  226 

deposit  marine  papers,  failure  to 195  196 

detention  of  seaman's  clothing '  84 

discrimination  against  American  products ."      185 

disobedience  of  seaman 91 

disposition  of  proceeds  of "      003 

distress.    See  Vessel. 

documents,  master  proceeding  on  voyage 

without  necessary 72 

offenses  against  laws  relating  to..  54,55,195  196 

drawbridge  regulat  ions,  violat  ing 417 

drunkenness 99 

dumping  into  navigable  waters! /iiijiii' 414  4-H) 

duty,  breaches  of,  by  seaman 90-93 

effects,  failure  of  master  to  turn  over  sea- 
man's          84 

employment  of  unlicensed  officer ..........        58 


enrollment,  failure  to  exhibit 52 

See  also  Trade, 
entry,  failure  of  master  to  observe  formali- 
ties relating  to 209, 210, 213-215, 219, 224 

master  going  to  port  of  delivery  before 209 

See  also  Coasting  trade. 
expenditures  in  excess  of  appropriations,etc      541 

explosives,  defective  packing  of 155-156 

illegal  transportation  cf 157,158,161  171 

shipping  without  notice 115 

failure  to  join  vessel 91 

false  swearing.    See  Perjury, 
fastenings  of  inspector,  interfering  wit  h . .        231 
254,25o 

fees,  veceh  ing  illegal  shipping 65 

fishing,  unlawful 295, 29S,  299, 465 

flogging  seaman 93 

food  products.    Su   Adulterated  products; 
Live  stock. 

forecastle,  st  oring  goods  or  stores  in 30 

foreign  port,  failure  to  deposit  marine  pa- 
pers in 196 

violating  shipping  law  in 70 


ALPHABETICAL   INDEX. 


(i27 


Pago. 
Penalty,  foreign  tug  towing  in  ooastdng  trade.      270 

foreign  vessels  carrying  passengers  between 

A  merican  ports 368 

(•nasi  tag  voyages  by 209 

illegally  bringing  imports 186 

forgery 490 

torgei  y  by  licensed  officer 61 

frontiers,  evasion  of  coasting  laws  on 252 

interference  with  customs  inspection  or 

seals 254, 255 

See  also  Canada;  Mexico. 
Government  officer  sharing  with  informer..      204 
Great  Lakes,  failure  to  report,  make  entry, 
and  pay  duties  on  equipment  and  re- 
pairs of' vessels  on 256,257,258 

unlading  by  night  without  permit 259 

violation  of  provisions  governing  trade 

on 257,260 

gunpowder.    See  Explosives. 

harbor  defenses,  trespass  or  injury 452 

health  regulat ions,  violation .  301-303, 305, 306, 309 
home  port  of  vessel  not  properly  displayed       21 

immigration  laws,  offenses  against 311, 

312,313,315,316 
imports.    See  Merchandise, 
inflammables.    See  Explosives, 
informer,  Government  officer  sharing  with.      204 

injury  to  Panama  Canal 458 

inspection,  refusal  t  o  permit 107 

inspection  laws,  failure  of  collectors  to  en- 
force       164 

navigating    vessel    without    complying 

wit  b..... 106, 164 

inspectors,  accompanying  vessel   or  mer- 
chandise, delinquencies 230,231 

hull  or  boiler,  failure  to  comply  with  re- 
quirements of 124 

unlawful  acts  of 521 

unlawfully  exercising  functions  of 519 

interference  with  customs 231,254,255 

refusal  to  furnish  accommodations  for —      231 

join  vessel,  failure  to 91 

Lake  Michigan ,  dumping  refuse  in 412 

landing.    Sie  Merchandise;  unlading. 

larcen  y 489 

lavatory  accommodations,  failure  to  pro- 
vide        31 

laws,  failure  t  o  exhibit  on  steam  vessel 161 

libel  to  recover 203 

license,  altering 61 

employment  of  otlicer  without 58 

failure  to  exhibit 52 

failure  to  surrender 48 

false  swearing  to  secure 46 

life-saving  equipment,  defective 132 

inadequate 150 

liquors,  illegal  unlading 233 

live  stock  and  food  products,  violating  in- 
terstate and  foreign  trade  regulations..     331, 
333,334,337-341 

lodgers,  soliciting 86 

log  books,  violating  provisions  concerning.      113 

logs,  unlawfully  float  ing 413 

mail  service,  delays  and  irregularities 319, 

320,321,322,323 
manifest ,  disagreement  between  cargo  and .      233 
failure  to  deliver,  at  special  port  of  de- 
livery        222 

in  frontier  trade 253 

vessel  with  incomplete  inward 218 

violation  of  law  concerning  production, 

copies,  and  indorsements 219 

manslaughter 487 

marine  documents.    Ste  Documents, 
marine  hospital,  failure  of  officers  of  to  len- 
der account  to  collector 98 

marooning 491 

master,  failure  to  report  change  of 42,50 

See  also  name  or  nature  of  offense. 

mayhem 488 

measurement,  false 55 

measures  on  board,  failure  to  provide Ill 

medicines  on  board,  failure  to  provide Ill 

merchandise,  damaging  or  endangering 01 ,  92 

failure  to  deliver  permit  to  transport . . .  221,  225 
merchandise,  failure  to  render  assistance  to 

Treasury  official  in  search  or  seizure  of.      199 


i  age. 
en  alls,   merchandise,  failure   to  transport 

honied,  in  lime  limit 226 

fraudulent  importation  of 243 

landing,  exported  to  British  North  Amer- 
ica   238 

unlawful  removal  of  bonded 236 

unlawful  transfer  from  Alaska  or  Canada.     256 

See  also  Liquors;  Unlading, 
merchant  marine,  procedure  for  enforcing 

penalty  under  acts  relating  to 93 

Mexico, landing  merchandise  exported  to..     238 

miscellaneous  offenses 490 

Mississippi  River  passes,  violating  regula- 
tions for  protection 420 

moieties  prohibited 511 

motor-boat  law,  violation 353 

mur<  ler is; 

mut  toy 491 

name  of  vessel  not  properly  displayed 21,22 

Natchez,  depart uro  of  vessel  from  New  Or- 
leans for,  without  customs  officer 222 

neutrality  laws,  viola!  ion 436, 437 

New  Orleans,  departure  of  vessel  from,  for 
Natchez  or  Vicksburg  without  cus- 
toms officer 222 

New  York  Harbor,  violating  law  for  pro- 
tection of 421-425 

oath  of  citizenship,  false 36 

oath  of  ownership,  refusal  to  make 194 

obstructing  navigation 410, 411, 414, 416, 417 

officer,  employment  of  unlicensed 58 

official    number    not    legally    carved    or 

marked 21 

opium,  unlawful  importation  or  sale 316, 

347,34s,  3 19 

overloading  with  passengers 158, 165 

owner.    See  Name  or  nature  of  offense. 

ownership,  refusal  to  make  oath  of 194 

Pacific  Islanders,  selling  prohibited  art  ides 

to 452 

,  failure  to  pay  for  death  of 173 

barge,  failure  to  equip 153 

vessel,  carrying  cattle  or  explo- 
sives on 171 

overloading 158, 165 

passengers,  carrying  too  many 158, 165 

damaging  or  endangering 91 ,  92 

failure  to  keep  list  or  count 160 

foreign  vessel  carrying,  between  American 

ports 26S 

receiving, on  uncertificated  steamer 161 

unlawful  transfer  from  Alaska  or  Canada.       256 

passport,  failure  to  procure 196 

pelagic  sealing 291 

perjury  by  owner,  master,  or  agent 36, 38 

petroleum,  illegal  transportation  of 156 

piracy 494-196 

plundering  vessel  or  cargo 492 

Potomac  River,  dumping  in 420 

President,  violating  retaliatory  proclama- 
tions of 183, 184, 185 

Pribilof  Islands,  unlawful  presence  on 2*5 

procedure  for  enforcing 93, 202, 271 

proceeds  from,  disposition '203 

See  also  Remission, 
products  of  the  United  Stales,  discrimina- 
tion against 185 

provisions,  neglect  to  provide 109 

public  works,  trespass  or  injury 453 

quarantine.    See  Health  regulations. 

radio  communication  withoul  license 128, 131 

rangelights,  interference  with 401 

rape 4ss 

regatta  regulat  ions,  violation 397 

register,  failure  to  surrender 37, 40, 41, 14 

See  also  License:  Trade, 
remission.    See  Remission, 
repairs.    See  Great  Lakes, 
roturn  of  marine  papers,  violating  law  con- 
cerning   

revenue  cutter,  unlawfully  carrying  ensign 

or  pennant  of .' 

revenue  law,  failure  of  collector  to  report 

violation  to  district  attorney 202 

robbery 189 

rules  of  the  road,  violating. . .  350, 369, 390, 395, 396 
38  fety  valve,  loading 130 


195 


32; 


628 


NAVIGATION    LAWS   OF   THE    UNITED   STATES. 


Page. 
Penalty,  Saint  Marys  Falls  Canal.   See  Toll 

regulations. 
Saint  Marys  River,  violating  rules  of  the 

road 396 

salmon  fishing  in  Alaska,  offenses  connected 

with 295,298,299 

saloon  stores.    See  Great  Lakes. 

sea  stores.    See  Great  Lakes. 

seal  fishing,  olfenses  connected  with 291, 

292,291!,  291,  29S,, 299 

seal  of  customs  officer,  interference  with 199, 

231,251,2.-,.-, 

seaman,  abandonment  of 491 

corporal  punishment  of 93 

detent  ion  of  clothing  of 84 

failure  of  master  to  care  for  effects  of  de- 
ceased   88, 89 

failure  of  shipping  commissioner  to  prop- 
erly account  for  wages  and  effects  of  de- 
ceased         90 

failure  to  provide  warm  room  and  cloth- 
ing for 112 

offenses  connected  with  discharge  of. .  76, 77, 78 
offenses  of  (assault,  breach  of  duty,  dam- 
aging vessel  or  cargo,  desertion,  disobe- 
dience, drunkenness,  failure  to  join, 
smuggling,  wearing  sheath  knife,  etc.) . .      74, 
90-93 
refusal  of  master  to  transport  destitute. . .       87 
See  also  Crew;  Name  or  nature  of  offense, 
search  or  seizure  of  vessel  or  cargo,  failure  to 

render  assistance  to  Treasury  official  in.      199 

seduction 488 

seizure.    See  Search. 

shanghaiing  and  other  illegal  shipments. . .       65 

sheath  knife,  failure  of  master  to  prohibit 

wearing 93 

wearing 93 

shipments  of  seamen,  illegal 65 

shipping  articles,  failure  to  post 68 

shipping  seaman  without 69, 73 

violations  of 74, 75 

shipping  commissioner,    unlawful   charge 

by 65 

shipping  fees,  receiving  illegal 65 

shipping  law,  violation  in  foreign  port 70 

slop  chest,  failure  to  provide Ill 

smuggling  by  seaman 91 

smuggling  goods  in  baggage 216 

soliciting  lodgers 86 

sponge  fishing,  unlawful 465 

stamp  on  boiler  plate,  count  crfeiting 129 

stay  by  incase  of  collision,  failure  to 350 

steerage  law,  noncompliance  with 168, 

169,170,171,174 

st  eerage  passengers,  overloading  with 165 

stolen  property,  receiving 489 

submarine  cables,  injury  to 497-499 

temporary  certificate,  failure  to  deliver  up. .  37, 38 

time  limit.    See  Merchandise. 

toll  regulations  governing  passage  through 

St.  Marys  Falls  Canal,  violation 186 

towing,  foreign  tug  in,  coasting  trade 270 

towing  regulations,  violation 106 

trade,  failure  of  master  to  surrender  reg- 
ister or  enrollment  on  change  of 45 

transfer  of  passengers  or  merchandise  from 

Alaska  or  Canada,  unlawful 256 

transportation  in  bond.    See  Merchandise. 

tug,  foreign,  towing  in  coasting  trade 270 

undermanning  of  vessel 103, 125 

United     States,     discrimination     against 

products  of 185 

unlading,  unlawful 226, 227, 229, 230, 

232,235,252,259 

unlicensed  officer,  employment  of 58 

vessel,  departure  without  obtaining  clear- 
ance        190 

failure  to  render  assistance  to  Treasury 

official  in  search  or  seizure  of '.      199 

illegal  unlading  of  distressed 235 

transfer  to  alien,  change  of  trade,    or 

having  forged  or  altered  license 270 

imdermanning 103, 125 

unseaworthy,  sending  to  sea 104 

violation  of  boarding  regulations 172, 197 

wireless  equipment,  failure  to  provide..  426,427 
Sec  also  Damaging;  Passenger  vessels. 


Page. 
Penalty,    Vicksburg,    departure    of   vessel 
from  New  Orleans  for,  without  customs 

officer 222 

wages,  failure  to  pay  seaman's,  when  due. .  80 

watchmen  on  vessels,  failure  to  provide 152 

water,  neglect  to  provide 109 

weights  on  board,  failure  to  provide Ill 

wireless  equipment,  sailing  with  insuffi- 
cient   426,427 

wrecks,  violating  provisions  concerning 324 

yacht  engaging  in  trade 20 

See    also    Crimes;    Forfeiture;    Summary 
trials. 

Pensions  to  licensed  officers .58 

Perico  Island,  possession  authorized 453 

Perishable  property,  disposition  of  seizures 

of 201 

Perjury,  licensed  officer 61 

to  secure  registry 17, 36, 38 

See  also  Penalty. 

Permit  to  lade  or  unlade  at  night 227 

Permit  to  touch  at  foreign  ports 260 

Petersburg,  Va.,  clearance  from 225 

merchandise  dest  ined  for 222 

Petroleum,  transportation  of 153 

use  as  fuel 154, 155 

See  also  Explosives. 
Philippine  Commission,  ratification  of  cre- 
ation of 278 

Philippine  Islands,  administration  of  immi- 
gration laws 316 

aid  to  nautical  schools 448 

collector  of  customs  authorized  to  issue 

provisional  certificates  of  registry 16 

destitute  seaman  in 86 

duties  on  imports 280-282 

radio-communication  act  not  applicable  to.  435 
registered  foreign-built  vessels  may  engage 

in  trade 15 

special  provisions  concerning 161, 278 

tonnage  tax  on  Philippine  vessels 178 

See  also  Insular  territory. 

Physically  defective  immigrants  prohibited. .  312 

Piers  obstructing  navigation 409, 416 

See  also  Public  works. 
Pierheads   on   northern    and    northwestern 

lakes,  marking 399 

Pilot  boat,  exempt  from  forecast  le  law 30 

See  also  Lights  on  vessels. 

Pilot-house  signals 151 

Pilot  laws,  general 175 

Pilot  rules.    See  Rules  of  the  road. 

Pilotage  rates,  diseriminat  ion  forbidden 175 

Pilots,  apprentices  to  be  admitted  to  pilot 

nouses  by 163 

examination  for  color  blindness 57 

exempt  from  militia  duty 62 

general  laws 175 

masters  or  mates  acting  as 61 

supervision  over  Hawaiian 273 

See  also  Licensed  officers;  Licenses,  officers'. 

Piracy,  crimes  deemed,  and  laws  to  suppress. .  494 

Pittsburgh,  Pa.,  merchandise  destined  for . . .  221 

Place  of  registry 36 

Place  of  trial  for  Federal  offenses 486 

Plague.    See  Health. 

Platform  cars,  immediate  transportation  of 

merchandise  on 240 

Plea,  general  issue,  by  revenue  agent 199 

Pleasure  boats.    Sec  Motor  boats;  Yachts. 
Pleuropneumonia.    See  Live  stock. 

Plundering  vessel  or  cargo 492 

Poop,  method  of  measuring 28 

Porcupine  River,  transshipment  of  merchan- 
dise on 269 

Pork.    See  Livestock;  Meat  products. 
Port  Jefferson,  N.  Y.,  merchandise  destined 

for 223 

vessel  may  be  documented  at 51 

Portland,  Oreg.,  clearance  from 225 

merchandise  destined  for 223 

Porto  Rico,  destitute  seaman  in 86 

establishment  of  port  s  and  subports  in 561 

manifests  in  trade  with 192 

merchandise  exempt  from  iuternal-revem.e 

tax 275 

special  provisions  concerning 275 

See  also  insular  territory. 


ALPHABETICAL    I  Mu:\. 


020 


rage. 

Ports,  clearance  al  special 225 

definition 21,38, 208 

entry  of  merchandise  a)  special 220 

immediat  e  t  ransporl  at  ion ... .         239, 241, 5  59, 561 1 

list  of  customs 554 

of  delivery,  list  of 554 

ports  of  entry  are  also 200 

vessels  may  he  documented  at 51 

of  entry ,  entrance  only  at 209 

listof - 554 

vessels  bound  for  ports  of  delivery  to  re- 
port first  at 200 

power  to  designate 560 

transportation  of  bonded  merchandise  to 

S]  'eeial 237 

See  also  Foreign  ports;  Home  port . 
Posse  comit  at  us,  right  of  Treasury  ollieial  to    . 

call ioo 

Post  entry  of  merchandise,  for  export 212 

to  inward  manifest 233 

to  outward  manifest 100 

Postal  subsidy  act 317 

Posting  notice  of  trial.    See  Procedure. 

Posting  of  dumping  regulations 411 

Posting  of  health  regulations 303 

Posting  of  immigration  laws  by  steamship 

companies 315 

Posting  of  musterroll 148 

Posting  of  passenger  act 171 

Postmaster  General,  ocean   mail  contracts 

by 16,317,322,323 

Post  Office  Department.    See  Ocean  mail 
service. 

Potomac  River,  obstructions  in 420 

Preliminary  entry  and  unlading 227 

President  of  the  United  States,  authority  or 
direction  to,  concerning — 

adulterated  food  products 343 

Alaska,  transit  of  merchandise  in   bond 

through 286 

British  North  America,  trade  with 261 

Canal  Zone 454 

citizenship  of  officers  of  vessels 34, 56, 124 

Coastand  Geodetic  Survey 538 

export  of  munitions  of  war 430, 452 

foreign  mails 322, 323 

Great  Lakes-At  lantic  Canal  Commission. . .      464 
Great  Lakes  water  levels,  commission  to 

determine 463 

hospital  ships 464 

hospitals  forseamen 97 

international  agreement  relating  to  dan- 
gers to  navigation 308 

jurisdiction  over  seamen 99 

Lighthouse  Service 534, 535 

live  stock  and  its  products,  interstate  and 

foreign  t  rade  in 335, 330 

measurement  of  vessels 34, 124 

President  of  the   United  States,   military 

schools,  aid  to 447, 448 

neutrality  laws 438 

New  York  Harbor,  supervisor  of 425 

Panama  Canal 454-463 

pelagic  sealing 291, 292 

Philippine  Commission 278 

Philippine  Islands 279 

tariff  for 282, 2,83 

piracy  laws 494-496 

Porto  Rico 276 

private  property  at  sea,  exemption  from 

captureof 465 

quarantine  matters 302, 303, 305, 307 

regattas  and  marine  parades 396 

retaliation    against    foreign    vessels    and 

products 183-189 

revenue  cutters 327 

Saint    Marys    Falls   Canal,   free   passage 

through 185 

tolls  required 185 

sealing  laws 288-203 

tonnage  tax  on  foreign  vessels 178, 179 

vessels  in  (list  ress  and  derelicts 398 

war  materials,  export  of 452 

wrecks  on  Canadian  border 325 

See  also    for  appointing  power,  titles  of 
heads  of  bureaus,  etc. 

Pribilof  Islands,  reservation  of 285 

seal  fisheries  of 288-293,537 


Prince  Kdward  Island-    See  British  North 
America. 

Priority  shipments 470 

Privacy  of  steerage  passengers 171 

Private  aids  to  navigation 536 

Private  property  at  sea,  exemption    from 

capture 465 

Private  signals,  regist  rat  ion 400 

Private  use  of  revenue  cutler 328 

Prize,  may  beregistered IS 

Procedure,  enforcement  of  fines,  penalties, 

and  forfeitures. . . .  93, 199, 202, 27 1 ,  308, 414, 482 

in  Canal  Zone 458 

proceedings  other  than  criminal 205 

remission  of  penalty  in  Alaska 285 

summary  trials  of  offenders 484 

violations  of  health  regulal ions 301,302, 306 

Proceeds  of  fines,  et  c. ,  disposition 203 

Proclamation.    See  President. 

Products,  discriminations  against  American..  1*5 

Propelling  power,  spaces  for,  exempt  from 

measurement 31, 32 

Property,  penalty  for  receiving  stolen 4S0 

Provisions,    allowances    and    requirements 

concerning 1 09 

complaint  of  seaman 78 

for  steerage  passengers 160 

inspection  of 106,  L07, 108 

legal  scale  for  seaman 96 

seaman's  right  to,  begins 79 

See  also  Adulterated  products;  Ration. 
Prussia,  reciprocal  arrangement  regarding 

tonnage  tax 179 

Public  charges,  immigration  prohibited 223 

Public  Health  Service,  detail  of  surgeons  on 

Coast  Guard  vessels 328 

fumigation  of  forecastles 31 

inspection  of  immigrants  by  officers  of 313 

organization,  powers,  and  duties 521 

physician  to  serve  as  surveyor 107 

quarantine  regulations,  authority  respect- 
ing    302, 300 

See  also  Health. 

Public  vessels,  auxiliary  naval  cruisers 318 

detail  to  schools  and  naval  militia 446-449 

exempt  from  entry 213 

lights  on 303,374,380,386,303 

piracy  laws,  enforcement  of,  by 494 

regattas  to  be  policed  by 396 

rules  of  the  road  on  western  rivers  appli- 
cable to 391 

sponge-fishing  laws,  enforcement  of,  by 405 

supplies  for  foreign 450 

transportation  of  supplies  for 404 

See  also  Cables;  Revenue  cutters;  Reve- 
nue-Cutter Service. 

Public  works,  control  of  Hawaiian 273 

impairing 412,414 

improvement  of  1  'hilippine 283 

Porto  Rican 276, 277 

protection  of 452 

See  also  Bureau  of  Lighthouses. 

Publication, health  regulations 303 

list  of  United  States  vessels 505 

log-floating  regulations 413 

seizures  by  revenue  officers 200 

selection  of  quarantine  grounds 309 

Pumps,  fire 152 

Punishment.    See  Penalty. 
Pure  food.    See  Food  products. 

Qualifications.    See  Licensed  officers. 
Quarantine.    See  Health;  Livestock;  Public 

Health  Service. 

Quebec,  clearance  for,  on  Lake  Champlain. . .  225 

Quincy,  111.,  mercandise  destined  for 221 

Radio  communication,  definition 435 

equipment  of  vessels 426 

licenses  for  stations 427, 428 

I  'anama  Canal  slat  ions 456 

regulations  governing 430-434 

Rafts  on  Great  Lakes 252, 200 

SeeaLw  Fog  Signals;  Lights  on  \esscls;  ob- 
structions to  navigation. 

Railroad  iron,  special  entry  of 21 1 

Railroad  Administration ,  V .  S 480 

Railways.    See  Transportation  lines. 

Range  lights,  interference  with wi 


r>.™ 


NAVIGATION    LAWS   OP   TTfH    UNITED   STATES. 


Page. 

Rape,  offense  and  punishment 4S8 

Ration ,  Navy 451 

Readmeasurement  of  spaces,  fees 33 

Rebellion,  foreign  vessel  purchased  of  Amer- 
ican during,  can  not  be  registered IS 

Receiving  stolen  property,  offense  and  pun- 
ishment   489 

Record,  penalty  for  falsifying 54, 55 

Record  of  American-built  vessel  owned  by 

alien 52 

Record  of  mortgage  and  bill  of  sale 42 

Red  River  of  the  Nort  h  and  tributaries,  rules 

of  the  road  on 390 

Reexport,  bond  of  cargo  for 211 

Refund,  certain  1  'hilippine  taxes 282 

discriminating  duties 17 

tonnage  tax 17,  isi 

See  also  Remission. 

Refusals  of  officers' licenses,  record  of 520 

Regattas  and  marine  parades,  special  rules 

for 396 

Register.  See  Certificate  of  registry;  Reg- 
istry. 

Register  of  seamen C4 

Regisl  er  tonnage.    See  Net  tonnage. 
Regis!  ered  vessel.    See  Vessel. 

Registry,  foreign-built  vessels 15 

Hawaiian  vessels 272 

law,  offenses  against 54 

seizure  for  violation  of 199 

Philippine  vessels 279 

place  of 36 

Porto  Riean  vessels 275 

provisionaleertificat  es 16 

vessels  admissible  to 15-19 

vessels  not  requiring 19 

wrecks  repaired  in  United   States  ship- 
yards   17 

See  also  Certificate  of  registry;  Procedure. 

Registry  of  immigrants 316 

Remission  of  fines  and  penalties 17, 

20,40,46,  181,201,201'.,  207. 
258, 28.5, 325, 329, 330, 353, 397 

general  provisions 329 

procedure  in  Alaska 285 

Removal  of  bonded  merchandise,  unlawful. .  236 

Removalof  cargo  for  quarantine  purposes...  307 

Removal  of  customhouse  during  epidemic. . .  308 

Removal  of  mast  er  by  owner 61 

Renewal.  See  Certificate  of  registry;  Lnroll- 
ment  and  license;  Licensed  officers; 
Licenses;  Measurement  of  vessels. 

Repairs  to  vessels,  lien  on  vessel 466 

materials  for,  exempt  from  duty 247 

on  Great  Lakes,  duties 257 

Rescuing  shipwrecked  seamen,  award  for 446 

Resisting  officer,  penalty 55 

Retaliation  for  disctimiriationsagainst  Ameri- 
can vessels  and  products 1S3-1S7 

Revenue-Cutter  Service.    See  Coast  Guard. 
Revenue  laws,  appropriation  for  enforcement 

of,  expenditure  and  report  to  Congress.  203 

libel  to  recover  penalty  for  \  iolation 203 

moieties  to  informers  prohibited 203 

taxes  on  motor  boats 354 

See  also  Procedure. 
Revenue  officers.    See  Customs  officers. 

Revenues,  Philippine 279, 2S0 

Revised  Statutes,  table  of,  included  in  this 

compilation G03 

Revocation  of  certificate  of  inspection 105,123 

Revocation  of  license,  appeal  from 122 

customhouse  brokers 467 

offenses  justifying 58, 61,397 

record  of 520 

Revolt.    See  Mutiny. 

Rhode  Island  coasting  trade 267 

Richmond,  Ya.,  clearance  from 225 

merchandise  destined  for 222 

Rivers,  improvement  of,  by  private  person, 

corporation,  or  municipality 403 

navigation  on '. 395 

ownership  of  vessels  on IS 

See  also  Inland  waters. 

Robbery,  offense  and  punishment 4x9 

See  also  Piracy. 

Round  trip,  engagement  of  seaman  for OS,  70 


Page. 

Rules  of  the  road 350 

future  consideration  of 369 

Great  Lakes  and  St.  Lawrence  River,  of 

1895 390 

inland,  of  1897 369 

international,  of  1897 355 

lines  limiting  application  of  international 

and  inland 3*0 

Red  River  of  the  North  and  rivers  emptv- 

ing  into  the  Gulf  of  Mexico,  etc 300 

See  also  Cables. 
Russia,  treaty  relating  to  pelagic  sealing. . .  288-290 

Sable  hunting  in  Alaska 293 

Safety  valves,  inspection 120. 127 

loading  lorbidden 130 

Sailing  rules.    See  £  teering  rules. 

Sailing  vessel.    See  Vessel. 

Sailor.    See  Seaman. 

Sails,  space  for  storage  of,  deducted  from  gross 

tonnage 31 

Saint  Clair  River,  rule  of  the  road  on 384,389 

Saint  George  Island,  Alaska,  fur-seal  fisher- 
ies   2S5, 288-300, 537 

See  also  Alaska. 
Saint  Joseph,  Mo.,  merchandise  destined  for.      221 
Saint  Lawrence  River,  discrimination  against 

American  vessel  passing  through 185 

rules  of  the  road  on 384,389 

transshipment  of  merchandise  on 209 

Saint  Louis,  Mo.,  merchandise  destined  for. .      221 
Saint  Marys  Tails  Canal,  diversion  of  appro- 
priation for 464 

free  passage  through,  may  be  abridged  by 

President 1S5 

toll    for    passengers    and    freight    carried 

through 185, 1S6 

Saint  Marys  I  :i\  cr,  navigation  rules  for.  384,389,306 
Saint  Marys  River  and  Canal,  wrecks  on. . ..      325 
Saint   Patil  Island,   Alaska,   fur-seal  fisher- 
ies   2S5, 288-300, 537 

See  also  Alaska. 
Salaries,  light  house  keepers 535 

Superintendent,  Coast  and  Geodetic  Sur- 
vey       539 

Sale  of  property  seized  by  revenue  officer 200 

See  also  Merchandise;  Seaman;  Ve  ;el. 
Salem  County,  N.  J.,  vessels  documented  at 

Camden : 51 

Salmon  fisheries  of  Alaska 234-300 

Saloon  stores  on  Great  Lakes  vessel 257 

Salt,  cargo  destined  "for  orders" 217 

special  entry  of 211 

time  limit  for  unlading 232 

Salvage,  of  merchandise 243 

remuneration  for 408 

seaman's  right  in 78 

Samoa  Islands,  registered  foreign-built  vessels 

may  engage  in  trade 15 

Sanitation.    See  Health;  Public  Health. Serv- 
ice. 

School  ships  for  nautical  schools 446 

Schools,  military  and  nautical 440-449 

Scows.    See  Dumping;  New  York  Harbor. 

Screw  vessel,  deductions  for  propelling  power.        32 

Scientific  schools,  naval  details  to 448 

Sea,  imports  other  than  by,  prohibition  and 

exceptions 252 

Sea  and  inland  postage,  when  allowed 322 

Sea  letter,  deposit  with  consular  officer 195, 196 

oath  of  ownership  on  entry  of  vessel  carry- 
ing       194 

passport  to  vessel  carrying 196 

vessels  entitled  to . . . .'. 54 

Sea  Lion  Rock,  reservation 285 

Sea  otter,  hunting  or  killing  forbidden 293 

Sea  stores,  on  Great  Lakes  vessel 256 

rules  as  to  entry 214, 215 

Sea  wall.    See  Public  works. 

Seal,  Department,  required  on  registers 39 

Sealagents,  Alaska,  appointment  and  duties.      537 
Seal  fisheries,  Alaskan 285, 2.8S-300, 537 

killing  of  seals  prohibited  for  5  years 293 

Seals,  customs,  on  frontier 254 

Seaman,  abandonment  of 491 

able  seaman,  certificate  of  service 102 

qualifications 102 


A  I,    INDEX. 


63 1 


Seaman,  accommodations  on  vessels 29,31,112 

agreement.    See  Shipping  articles. 

apprentice  law 66 

arbitration  of  disputes 85 

attachment,  wages  and  clothing  exempt 

from S3 

award  for  rescuing  shipwrecked 440 

Citizenship  and  naturalization til 

on  mail-carrying  steamers 3is 

clothing,  exempt  from  attachment 83 

slop  chest  for,  required in 

complaint,  forfeiture  for  unfounded 107.10s 

regarding    provisions,    seaworthiness,  or 

water 78,  109,  110 

conduct  of,  ent  ry  in  log  book 112 

consuls  to  supervise  shipments  and  dis- 
charges abroad 69, 70, 250 

corporal  punishment  prohibited 93 

erew  list    formalities  concerning 70,  1 18 

crimes  of  and  against .    See  I  'ena  It  v . 

cruelt  y,  complaint  of '. 7S 

debt,  sum  recoverable  for 84 

deceased,  wages  and  effect s 87-90 

deductions  from  wages 74 

definit  ion 63, 97 

desertion 84,91 

substitute  upon (19 

destitute,  sick,  or  disabled 77, 86, 94,97 

discharge,  in  foreign  trade 7'.  7s 

consuls  to  supervise  abroad 69,  7Q,  250 

See  also  Discharge  of  seaman. 

disputes,  arbitration  of 8.") 

effects  of  deceased 87  -90 

entry  of  sale  in  log  book 113 

engagement.     See  Shipping  articles. 

fees,  witness ion 

fellow-servant  clause  not  applicable 103 

forecastle  law 29 

eompensat  ion  for  violat  ion  of 30 

Hawaii,  enforcement  of  contract  of,  in 274 

holidays,  observance 101 

hospitals  for 97 

hours  of  labor 101 

ill  treatment  of 491 

injured,  substitute  for 60 

inspect  ion  of  sea  worthiness,  ma  v  demand.  100, 108 
jurisdiction  over  American,  abroad,   and 

over  foreign,  in  American  ports 98 

lavatory  accommodat  ions 31 

liabilit  y  of 115 

lien  of 78 

log  book,  entries  in,  affect  ing i  12, 113 

militia  duty,  exempt  ion  from 63 

muster  on  return  to  United  States 70 

naturalization 64 

Panama  Canal  Zone 103 

papers  of  \  essels  relating  to 71 

penalties.    See  Penalty. 

period  of  engagement  of 68 

Philippines,  smppiugdn 280 

presence  on  board 65 

procedure  for  enforcing  penalty  and   lor- 

feiture  under  laws  relating  to . .  93 

production  with  crew  list 70 

provisions.    See  Provisions. 

punishment,  corporal,  prohibited 93 

refusal  to  proceed  on  voyage 107 

register  of,  in  shipping  offices CI 

return  of,  from  abroad,  Alaska,  and  insular 

Ports 77,79,86 

rules  concerning  pa  pet  soi\c~,  |^i,  intimMo.        71 

salvage,  right  in 7s,  469 

sheath  knife  wearing,  prohibited 92 

shipments,  by  owners,  masters,  and  con- 
signees         66 

consuls  to  supervise,  abroad 69,70  250 

illegal 65 

See  also  Shipping  commissioners, 
shipping  articles.    See  Shipping  article 
shipwrecked,  appropriation  for  rescuing...      446 
sick, disabled,  and  destitute,  funds  for  77.86,94,97 

general  provisions  concerning 97 

relief  and  protection 77,  79,  86 

slop  chest  required '     m 

space  in  vessels 28,31,112 


I 'age. 

Se  mi. in,  pecial  offen  t    and  penaltie  (de  ei 

lion,  failure  to  join,  disobedience,   as- 
sault,    damaging     vessel,     Smuggling, 

etc.) 90  93 

Seaman,   teerage.  uol  to  \  isit  i:i 

substitute,  for  desert  ing  or  injured 69 

sum  recoverable  for  debt 81 

summary  trial  of 484 

Sunday  observance 101 

tobacco,  blankets,  and  warm  room  for. ..  111,112 

unseaworthiness,  complaint  of 78 

wages.     See  Wages. 

water,  complaint  against 109,110 

wit  ness  fees ioo 

See  also  Crew;  Foreign  eamen. 

Seamanship,  instinct  ion  in 446-449 

Search  of  vessel  by  Treasury  ollieial 198, 199 

Alaska 292, 299 

Seawort  hiness  of  vessels 104 

Secretary  of  Agriculture,  authority  or  direc- 
tion to,  concerning 

adulterated  products,  .shipments  of 342  345 

interstate  and  foreign  trade  in  live  stock 

and  food  products 33]  341 

Weather  Bureau 308 

Secretary  of  Commerce,  authority  or  direc- 
tion to,  concerning— 

allotment  schedule 83 

appendix  t  o  registers :j3 

barges,  towing  regulations 106 

boarding  of  vessels 172, 197 

boarding  officers 72 

Bureau  of  Lighthouses 532-536 

certificates  of  inspect  ion r_'l 

cert  ideates  of  registry,  blank -39 

changes  of  names  of  vessels 22 

(oast  and  Geodetic  Survey 539 

collisions,  rules  to  prevent 371,378,380,  190 

crew  list 74 

crews  of  inspected  steamers 125 

documenting    vessels    at     Cold     Spring, 

Greenport,and  Port.  Jefferson,  N.  Y 51 

documenting  vessels  for  coasting  and  fish- 
ing trade 51 

equipment  of  vessels 125 

explosive  cargoes 153 

fees  for  readmeasurements 33 

fire-fighting  apparatus 152 

foreign  documents 34 

immediate  exportation  to  foreign  ports. .  259,285 

inflammable  cargoes 1.53 

Lighthouse  Service 532-536 

lights  on  bridges,  dams,  etc 404,  407 

manifests  in  Alaskan  and  insular  trade. ...       192 

motor-boat  law,  enforcement 352,353 

navigat  ion  laws,  enforcing 427 

navigation  on  Great  Lakes,  etc 390 

officers  of  inspected  steamers 125 

pelagic  sealing 291 

penall  v,  remission  or  mil  itral  ion  of. 20, 

40. 46, 201 ,  207,  285,325, 329,330, 353, 397 

petroleum,  transportation  of 153 

powers  and  duties  under  organic  act 500 

Pribilof  Islands 285, 288-300, 537 

pro\  isional  certificates  of  registry 16 

I  Hire-food  law 344 

regattas  and  marine  parades 396 

regiSl ry  of  Port o  Kiean  vessels 275 

remission    or   mitigation    of   fines,    penal- 

I  ies,  etc 20,  40,  40,  181,  201,  207,  285,  325, 

329, 330, 353, 371 ,  37S,  380, 390, 397 

rules  of  the  road 186 

Saint  Marys  Falls  Canal 396 

Saint  Marys  Kiv.r,  navigation  of 390 

seal  and  salmon  fisheries  of  Alaska...  285,291,300 

services  rendered  to  vessels 250-550 

shipping  art  icles 67 

Shipping  Service 506 

sponge-fishing  laws ■     406 

suits 93 

tonnage  tax 2  >,  1  s  1 

transfer  of  cargo  from  foreign  to  domestic 
vessel 256 


632 


NAVIGATION    LAWS   OF   THK    UNITKIj   STATES. 


I'age. 

Secretary  of  Commerce,  undermanning 103 

wireless  equipment  on  steamers 427 

yacht,  license  or  commission  to 19, 20 

reciprocal  privileges 20 

Yukon  ami  Stikine  River  Irade 285 

Secretary  of  the  Navy,  authority  or  direction 

to,  concerning— 
aid  to  nautical  and  military  schools,  Naval 

Militia,  etc 446-449 

assignment  of  officers  to  mail  steamers 319 

detail  of  vessels  to  remove  derelicts 39S 

Hydrographic  Office 399 

ocean  mail  steamers 318 

Secretary  of  State,  authority  or  direction  to, 

concerning— 

citizenship  of  seamen 64 

destitute  seamen  in  foreign  ports 86 

form  of  passport : 196 

International  Marine  Conference 369 

reports  by  consuls  of  services  rendered  to 

vessels  and  seamen 251 

Secretary  of  the  Treasury,  authority  or  direc- 
tion to,  concerning— 

adulterated,  food  shipments 342-345 

Albany,  N.  Y.,  extension   of   warehouse 

privileges  to 224 

arrest  and  seizures  in  'Alaska 287 

bulk  cargo,  discharge  of 211 

cigars,  stamps  for  imported 216 

Coast  Guard. 327,526-532 

collisions  in  Lighthouse  Service 523 

customhouse  brokers 467, 468 

customs  officers 507-513 

customs  officers,  abolishing 537 

customs  seals  on  frontier,  use  of 255 

derelict  destroyer 398 

drawback  on  manufacturers'  materials 249 

express  packages 244, 245 

forms  for  vessels  on  Great  Lakes 260 

health  public 301-310 

immediate  transportation  of  merchandise.  240-241 

liens  for  freight  or  general  average 246 

life-saving  medals 444 

merchant  1  ise  in  transit 236, 237, 238 

mitigation  of  i 
navigation  ru! 

neat-cattle  imports 339 

oaths,  designation  of  persons  to  admin- 
ister       217 

opium,  imports 348 

Philippine  shipments 281, 282, 2?3 

Porto  Rican  fiscal  affairs 275 

ports  and  subports,  designation  of 560, 561 

preliminary  entry  and  unlading 227-229 

Public  Health  Service 521 

quarantine  and  bills  of  health 301-310 

quarantine  stations  for  live  stock 334 

rates  of  dockage  and  wharfage  in  Alaska 285 

reciprocal  privileges  in  trade  with  British 

North  America 261 

remission  of  fines,  penalties,  etc 201 , 

206, 207, 237, 25S,  285, 329 

revenue  laws 201-207 

salvage  merchandise 243 

services  by  consuls  to  vessels  and  seamen. . .      251 

special  agents 536 

tariff  provisions  directly  relating  to  vessels 

247-251 

tea  waste,  imports 344 

transit  of  merchandise  in  bond  through 

Alaska 286 

transit  of  merchandise  and  passengers  from 

Alaska  and  frontier  countries 256 

transportation  in  bond 236, 237, 238 

unlading  and   clearance  of   Great   Lakes 

vessels 259 

unlading  at  night 227-229 

wrecked  or  lost  vessel 324 

Secretary  of  War,  authority  or  direction  to, 

concerning — 
bridges,  dams,  improvements  or  obstruc- 

tionsto  navigation,  public  works,  etc.  403-420 

Guam,  shipments  of  merchandise 468 

harbor  lines 409 

maintenance  of  canals 401 

Mississippi  River  passes 420 

Porto  Rican  public  works 277 

Pribilof  Islands 285 

supervisor  of  New  York  Harbor 425 


Securities,  transportation  of  Government 192 

Seduction,  offense  and  punishment 488 

Seizure  of  vessel  or  merchandise  by  Treasury 

officials 198,199 

disposit  ion  of  property  seized 199, 201 

exemption  of  vessel 202 

legal  procedure 482-485 

offenses  in  Alaska 287,291,292,294,298,299 

See  also  Penalty;  Piracy;  Procedure. 

Selma,  Ala.,  merchandise  dest  ined  for 220 

Separation  from  crew,  entry  in  log  book 113 

Services    to    Government,    voluntary,    pro- 
hibited        540 

Shaaghaing,  offense  and  penalty 65 

Sheath  knife,  carrying,  prohibited 92 

Sheep.    See  Live  stock. 

Shelter  space,  measurement  exemption 28 

Ship.    See  Vessel. 

Shipbuilding,  instruction  in 448 

Shipbuilding  materials,  importation  of 247,249 

Shipments,  priority 479 

Shipping,  Alaskan' tax  on 285 

Shipping  articles,  access  of  seamen  to 68 

coasting,  fishing,  or  near-by  foreign  trade. . .       68, 
72, 73, 74 

foreign  trade 67 

form  of 94 

illegal  shipments 65, 69, 73 

period  of  engagement 68 

posting  of 68, 73 

Shipping  commissioners,  allotments  by 83 

appointment,  powers,  duties,  and  respon- 
sibilities        506 

arbitration  before 85 

care  of  effects  of  deceased  seamen 88-90 

compensation 550 

Shipping  commissioners,  complaint  to,   by 

crew 109 

consuls  to  act  in  foreign  ports 69 

customs  officers  to  act  in  certain  cases 65 

discharge  of  seamen  bv 76, 78 

duties .* 68,72 

fees 72,502,549 

owner,  master,  or  consignee  may  act 66, 76 

receiving  illegal  fees 65 

Shipwreck.    See  Seaman;  Wrecks. 
Sick  seaman.    See  Seaman. 
Signal  stations.     See  Public  works. 

Signals,  registration  ofprh  ate 400 

See  also  Distress,  flood,  fog,  pilot-house, 
sound,  storm,  etc.,  signals. 

Sinking  vessel  in  Alaska 286 

Sites,   Government  jurisdiction   over   light- 
house, etc 535 

Size  of  vessels  in  foreign  trade 252 

requiring  license,  enrollment,  and  registry..      270 
See  also  names  of  documents. 
Skilled  laborers.    See  Laborers. 

Sleeping  quarters  for  steerage  passengers 167 

Slop  chest,  req  uirement  concerning Ill 

Smallpox.    See  Health. 

Small  vessels.    See  Fog,  etc.,  signals;  Lights 
on  vessels. 

Smuggling,  compensation  for  detecting 203, 204 

definition 204 

penalty  for  seaman's 91 

Solicitation  of  bribes 244 

Soliciting  lodgers 86 

Solicitor  of  the  Treasury,  notice  to,  of  seizures.      202 

Sound  signals  for  passing  steamers 368,379 

in  fog,  etc 364,374,387,393 

See  also  Distress,  etc.,  signals. 
Sounds.    See  Inland  waters. 
South   and    Southwest   Passes,    Mississippi 

River,  protection 420 

Spain,  reciprocal  arrangement  regarding  ton- 
nage tax 178 

Spanish  vessel  in  distress 235 

Spanish  vessel,  and  merchandise,  privilege 

in  Philippines 278 

Spans,  bridge,  obstructing  navigation 415 

Spar-deck,  height  under,  how  determined  —        26 

Special  agents,  Treasury 536 

Special  inward  manifest  for  Treasury  De- 
partment       210 

Special  ports.    See  Ports. 

Special  provisions  for  enrollment  and  license..       51 

Speed  of  vessel,  in  fog 365, 375 

Secretary  of  War  to  regulate 419 


ttJPHABETTCAL    [NDEX. 


633 


Page. 
Sponge  fishing  in  Gall  of  Mexico  and  Florida 

Straits 4f>5,  466 

Stairways  on  steam  vessel 151 

Stamps  for  boiler  plate 128 

Stamp  taxes 474 

Staterooms  exempt  from  measurement 26 

States,  health  laws,  effect  of 306 

inspection  laws,  effect  of 192 

offenses  punishable  by,  committed  on  ter- 
ritory ceded  to  Government 490 

pilots  on"  waters  forming  boundaries  of 175 

Statute  of  limit  at  ions,  offenses  of  seamen 94 

Statutes,  tables  of,  included  in  this  volume.. .      603 

Steam  pressure  in  boilers 127 

Steam  registers  secured  by  Inspectors 127 

Steam  vessel,  certificate  of  inspection 160 

definition  of 356, 369,384, 391 

general  pilot  laws 175 

inspect  ion  of 119-162 

inspection  of  hulls  and  equipment 104-113 

licenses  of  officers  on 58 

name  to  be  marked 21 

passenger  act  of  1882 165-174 

See   also    Distress,    etc.,    signals;    Lights; 
Steering  rules;  Vessel. 
Steamboat,    accommodations    for    crew    on 

Mississippi  River 30,31 

ownership  on  river  or  bay 18 

See  also  \  essel. 
Steamboat-Inspection  Sen-ice,  organization, 

powers,  and  duties 514 

Steamship  lines.    Si e  Transportation  lines. 

Steerage  passenger,  definition 165 

See  also  Immigrants. 
Steering  gear,  space  for,  exempt  from  meas- 
urement         31 

Steering  rules,  Great  Lakes  and  tributaries . .      388 

inland  waters 376 

international  waters 365 

western  rivers 394 

Stikine  River  trade 269, 285 

Stolen  property,  penalty  for  receiving 489 

Storage  of  sails,  space  for,  deducted  from 

gross  tonnage 31 

Stores.    See  Cargo. 

Storm  signals,  display  of 400 

Stowawavs,  officers  of  vessels  not  respon- 
sible for 69 

Submarine  cables,  protection  of 497 

Subports,  authority  to  designate .560 

list  of 554 

Subsidy  act,  ocean-mail 317 

Substantial  compliance 208 

Sugar,  cargo  destined  ' '  for  orders  " 226 

manifest  in  toasting  trade 262, 263, 267 

required  on  vessels Ill 

time  limit  for  unlading 232 

Summary  trials  of  offenders 4S4 

Summons  duces  tecum 205 

Sunday,  observance  on  vessels 101 

Sunken  merchandise;  recovery 248 

Sunken  vessel,  marking  and  removing 412,417 

Superintendent,   Coast   and    Geodetic   Sur- 
vey, salary 539 

Supervising  Inspector-' Jeneral,  complement 

of  officers  and  crew,  appeals  to 125 

powers  and  duties 514-521 

rules  to  preventcollisionsestablished  by  .  371,378 
to  approve  crew  accommodations  on  Mis- 
sissippi River  steamboats 31 

towing  regulations  for  barges  to  be  pre- 
scribed by 106 

Supervising  inspectors,  boiler  si>eeifications 

to  be  approved  by 130 

collisions,  to  establish  rules  to  prevent 371, 

378, 385, 38ti,  392, 395 

decisions  to  be  reviewed  by 122 

dismantled  vessels,  may  exempt 105 

duties  relating  to  life-saving  appliances.  131-150 

equipment  to  be  approved  by 106, 124 

lights  on  rafts,  etc.,  to  prescribe 373 

lights  on  vessels,  to  regulate 385, 386, 392 

navigation  rules  to  be  prescribed  by 390 

powers  and  duties 162. 514-521 

secrecy  regarding  information 163 

Supervisor  of  New  York  Harbor,  duties. . .  421-425 

Supplies  for  customs  officers 513 

Supplies  on  foreign  vessels,  coastwise 464 


Page. 

Supplies  for  foreign  war  vessels 460 

Supplies  for  Steamboat-Inspect  Ion  Service. . .  520 
Supplies  of  vessels  c\empl  from  customs  and 

Internal-revenue  duties 248 

purchase  price  a  lien  on  vessel 466 

Surgeon  General  of  the  Public  Health  Service. 

powers  and  duties 302,804,306, 521 

See  also  Public  Health  Service. 

Surrender  of  license 48 

Surrender  of  register 39, 41, 42, 43 

Survey  of  coast 538 

Surveying  stations.    See  Public  works. 
Surveyors  ol  customs,  appointment  of,  to  pass 

"upon  seaworthiness 107, 108 

certificates  of  registry  to  be  countersigned 

by 39 

duties 50 

falsifying  measurement 54, 55 

fees  for  services 52 

may  document  vessels  at  ports  of  delivery .  51 
See  also  Customs  officers;  Treasury. 

Suspension  of  coasting  laws 268 

Suspension    of    commerce    because   of  epi- 
demic   305 

Suspension  of  license,  appeal  from 122 

offenses  justifying 58-61, 397 

record  of 397 

Swine.    See  Live  stock. 

Tariff,  Philippine 280 

provisions  directly  relating  to  vessels 247 

Taxes.    See  Duties;"  Fees;  Head  tax;  Tonnage 
tax;  Motor  boats;  Stamp. 

Tea,  importation  of  inferior,  prohibited 344 

importation  of  waste,  etc. ,  for  use  in  manu- 
facturing   344 

Telegraph.    See  Cables. 

Temporary  certificate  of  inspection 160 

Temporary  register 37 

Texas  fever.    See  Live  stock. 

Theine,  imports  of  tea  waste  for  producing. .  344 

Thirty  tons,  vessels  under,  not  to  engage  in 

fdreign  trade 252 

Tide  gauges.    See  Public  works. 

Tiller  ropes 151 

Timber,  floating  of  loose 413 

restriction  upon  clearances  of  live-oak 193 

Time  limit  for  unlading 232 

Tobacco  for  seamen Ill 

Tolls,  Panama  Canal 455 

passage  through  St.  Marys  Falls  Canal 186 

Secretary  of  War  to  prescribe  bridge 404 

See  also  Fees. 

Ton,  definition  of 26 

Tonnage,  definition  of  register 33 

gross,  how  determined 26 

net,  how  determined 29 

Tonnage  charges,  consular 180 

Tonnage  deck,  definition  of 25 

Tonnage  tax,  laws  relating  to 177-181 

discriminatory 178 

penal,  foreign" vessel  in  coasting  trade 252, 253 

Philippine  vessels 178 

registered  foreign-built  vessels,  remitted ...  17 

States  forbidden  to  levy 307 

vessels  exempt  from 20, 214 

vessels  from  Philippines 279 

yachts 20-21 

Tools  of  trade,  formalities  upon  entry 215 

Torpedoes,  protection  of 452 

Touch  and  trade,  permit  to  fishing  vessel 193 

Touching  at  foreign  ports 260 

Tow,  vessels  in.    See  Fog  signals;  Lights  on 
vessels. 

Towing  vessels,  inspection  of 121 

length  of  hawsers,  etc 106 

license  to  carry  extra  crew 159 

on  Great  Lakes 260 

Trade,  change  of 45, 271 

Trading  with  the  enemy 474 

See  also  Coasting  trade;  Foreign  trade. 

Transfer,  imported  merchandise  for  export. .  212 
sea  stores  and  equipment  between  vessels 

of  the  same  owner 215 

Transit ,  merchandise  in 237, 238 

across  New  Jersey  and  I  Delaware 224 

through  A  laska  and  Canada 280 

foreign  mail  through  United  States 322,323 


634 


NAVIGATION    LAWS   OF   THE    UNITED   STATKfi. 


rage. 

Transportation,  immediate  ol  merchandise..      2:-!9 

hondod  merchandise 236 

tospecia]  ports 237 

portsol  immediate 239. 241,  5.w.  5f,o 

s,,  also  Merchandise. 
Transportation  lines,  posting  by,  of  immigra- 
tion laws,  required ' 31.5 

tax  in  Alaska 284 

Transports,  shipments  to  Guam  on  Army. . .      468 
Transshipment   of   merchandise.    See    Mer- 
chandise. 
Treasury  Department,  boarding  and  search 

of  vessel  by  officer  of 197, 198, 199 

plea  of  general  issue  by  official  of 199 

proceeds  of  penalties,  etc.,  to  be  paid  into.      203 

special  agents  of 536 

special  inward  manifest  for 210 

See  also  Cusl  oms  officers. 
Treaty,  bringing  of  merchandise  in  foreign 

'vessels  regulated  by 186 

relating  to  pelagic  sealing 288-290 

Trespass  upon  quarantine  grounds 305,306.309 

Trial ,  place  of,  for  Federal  offenses 4S6 

summary,  of  offenders 484 

Tri-weekly  voyages 214 

Trunk  shaft,  deduction  from  gross  tonnage.  .        32 

Tuberculous  immigrants  prohibited . 312 

Tugboats,  foreign,  towing  in  coasting  trade. .      270 

inspection  of 121 

on  Great  Lakes 266 

See  also  Fog  signals;  Lights  on  vessels;  Ves- 
sels. 

Tutuila,  legislation  affecting 192. 280 

money  equivalents  in 280 

registered  foreign-built  vessels  may  engage 

in  trade 15 

See  also  Insular  territory. 

Twenty  tons,  license  to  vessel  under 19, 46 

measurement  of  vessel  under 19 

Unauthorized  services  to  Government 540 

Under  way,  definition 356,  369, 384 

Undermanning 103, 125 

See  also  Seaman. 

Underwriters,  fraud  against 492 

Undocumented  vessels 19 

United  Kingdom,  abrogation  of  treaty  with, 

concerning  North  Atlantic  fisheries. ...      450 

live-stock  im  portations 339, 340 

treatv  relating  to  pelagic  sealing 288-290 

United  States  commissioners,  authorized 539 

United  States  Railroad  Administration 480 

United  States  vessel,  definition 15, 18, 496 

See  also  Vessel. 
Unlading.    See  Merchandise. 
Unsea worthy  vessels,  sending  to  sea 104 

Valuable  shipment,  shipper  must  give  notice 

of 114 

Ventilation  for  steerage  passengers 168 

Vessel,  aid  to  distressed 398 

acquisition  of,  by  United  States 469 

Alaska,  special  crimes 286 

tax  on 285 

boarding  by  Treasury  official 198 

illegal 197 

bound  to  port  of  delivery 209 

breadth  of,  how  determined 26 

Canadian,  President  may  retaliate  against.  184 

cattle,  regulation  of 331 

change  of  name  of 22, 53 

change  of  trade  of  licensed 271 

citizenship  of  builders,  owners,  and  officers.  15,  IS 

clearance  regulations 190-197, 279 

collisions.    See  Collisions. 

compensation  for  carrying  bullion,  coin, 

notes,  bonds,  etc 193 

consul's  services  to 250 

crew 103, 124 

customs  laws  directly  relating  to 198 

definitions.    See  Definition. 

depth  of  hold,  determination  of 26 

deposit  of  papers  with  consular  officers 196 

discriminating     duties     favoring     United 

States 187 

discrimination     in     foreign     port    against 

American 183 

documents  of 35 


Page. 

Vessel,  draft  of,  to  be  marked 15-22 

enemy,  taking  over 22 

enrolled  and  licensed 46, 47 

form  of  enrollment  and  license 46,47 

in  foreign  trade 193 

entrance  regulations 190-197, 209, 279 

excursion,  counting  passengers  on 467 

exemptions  from  certain  charges 214 

from  entry 213 

from  libel  for  wages 82 

from  measurement 34 

from  seizure  and  forfeiture 202 

fees,  schedule  of 549 

fire  apparatus 151 

fog  signals.    See  Fog  signals. 

foreign-built,  inspection  of 119 

foreign,  transporting  government  supplies, 
coastwise 464 

See  also  Foreign  vessels. 

forfeited,  may  be  registered 15 

forfeiture.    See  Penalty. 

height  of,  how  determined 26 

holidays,  observance 101 

hours  of  service,  licensed  officers 126 

seamen 101 

hulls  and  equipment,  inspection  of 104 

immigrant.    Si  e  Immigrants. 

in  United  States  ports  in  time  of  war 469 

injuring,  in  foreign  commerce 470 

inspector  of  customs  to  accompany. 220,222,223,230 

length  of,  how  determined 25 

libel  to  recover  penalty 203 

license,  expiration  of,  while  at  sea 271 

officers  on  sail 58 

licensed  officers  of 56, 124, 125, 126 

See  also  Licensed  officers, 
liens,  repairs,  supplies,  etc 466 

fine  for  sailing  without  wirelessequipment     426 
life-saving  equipment 131 

See  also  Coast  Guard, 
lights.    See,  Lights  on  vessels, 
limitations  upon,  bringing  foreign  products      186 

list  of  United  States,  publication 505 

live  stock,  regulation  of  transportation  in. .      331 

mail-carrying 317 

manifest  of  licensed ,  in  coasting  trade 266 

manning 56, 103, 125 

material  for  building  and  repairs,  exempt 

from  duty 247-250 

measurement  of 25 

foreign 34 

medicines  to  be  provided Ill 

mortgage  and  bill  of  sale  of 42 

motor  boats  for  enforcing  navigation  laws. .      467 

name  of -        21 

new,  may  be  moved  from  district  to  dis- 
trict under  builder's  certificate 35 

numbering  of  undocumented 353 

ocean  mail  service 317 

official  number 21 

over  5  tons  to  be  documented 19 

penalties.    Sec  Penalty. 

Philippines,  entrance  and  clearance  in 279 

piracy.    See  Piracy. 

procedure  in  case  of  seizure 199, 482 

quarantine  inspection  of 304 

See  also  Health, 
record  of  American-built,  owned  by  alien. .        52 

registered  in  coasting  trade 268 

registry  of  foreign-built 15 

See  also  Registry, 
remission  of  fine,  penalty,  or  forfeiture  of. . .      329 

renewal  of  license  while  at  sea 270 

repairs,  etc.,  liens  for 466 

sale  or  transfer  of 40, 41'42, 50 

alien  purchaser 40,43 

bill  of 42 

sea  letter  and  passport  of 196 

seal  fishing  in  Alaskan  waters 288 

seaman's  lien  for  wages 78,  SO 

search  bv  Treasury  official 198, 199 

Alaska 289, 299 

seaworthiness  of 104 

seizure  by  Treasury  officials 198, 199 

Alaska' 287 

size  of,  in  foreign  trade 252 

slop-chest  requirements HI 


a  i .  i  •  1 1  \  1 1 1  ;t  i  i '  \  i 


(iflf 


Vessel,  Spanish,  privilege  in  Philippines. . . .  278 

speed  of,  regulation  of 419 

steam.    Se<  Steam  vessel. 

steerage,  inspection  of 171 

law  applies  to  certain 174 

Sundaj  observance no 

supplies,  etc.,  liens  for 460 

(arilT  provisions  directly  relating  to 247 

Greal  Lakes  vessel 257 

tonnage  tax 177-lM 

t owing,  rcgulal  ions  atTeet ing 106 

t  ransfer  of  cargo  on  front  ier 256 

transfer  to  alien  of  licensed 270 

under  5  tons  not  to  be  documented 19 

undermanning 103, 125 

nndocument  ed 19 

••  United  stales,"  definil ion 15, 196 

unlading.    See  Merchandise. 

win-less  equipment 426 

yacht,  foreign-built,  exempt  from  ad  va- 
lorem duty 16 

See  also  Barges:  Cables:  Crimes;  .'-."entrain  y 
laws:  Public  vessels:  Rules  of  the  road: 
School  ships;  Steamboat  -  Inspection 
Service:  Steering  rules;  Transportation 
lines;  Wrecks:  Yachts. 

Vieksburg,  Miss.,  merchandise  destined  for..  222 

Vinegar  required  on  vessels Ill 

Virgin  Islands,  trade  with 287 

Visible,  definition  of 356,369,390 

Voluntary  services  to   Government  prohib- 
ited    540 

Volunteer  life-saving  crews 529 

Wages,  additional,  discharge  in  foreign  port.  108 

advances  and  allotments  of 82 

arbitration  before  shipping  commissioner..  85 

coasting  and  near-by  foreign  trade 73 

commissions  for  disbursing  or  receiving,  pro- 
hibited    251 

compensation  of,  for  reduced  allowance  of 

provisions 110 

deceased  seaman 87-90 

entry  in  log  book 113 

deductions  and  payment  on  discharge 7G 

exempt  from  attachment S3 

forfeiture,  for  failure  to  join 74 

for  refusal  or  neglect  to  work  and  during 

imprisonment 80 

for  refusal  to  proceed 107 

for  unfounded  complaint 107, 108 

general  provisions  concerning 78 

licenced  officers',  during  war 55 

lien  for 78 

maximum    in  absence  of  agreement 73 

not  dependent  on  earning  of  freight 78 

one-half  due  payable  at  intermediate  ports.  79 

payable  in  gold". 81 

payment  when  discharged  abroad 77, 78 

procedure  in  case  of  default,  forfeiture,  or 

deduction 81 

right  to,  begins 79 

in  ease  of  wreck 79 

rights  concerning,  can  not  be  waived 78 

rules  respecting  settlement 7S 

unclaimed 90 

vessel  exem pt  from  libel  for 82 

when  discharged  before  commencing  voy- 
age, or  before  one  month's  earned 79 

when  payable 80 

when  vessel  sold  abroad 77 

See  also  Penalty. 

Walrus  Island,  reservation 285 

War,  capture  of  private  property  at  sea  dur- 
ing    165 

privileges  and  responsibilities  of  licensed 

officers  during 58 

vessels  captured  in,  may  be  registered 15 

vessels  in  I'nited  States  ports  during 439, 469 


I 'age. 

W;h  materials,  export  of (52 

1    earning 

Wat  \  e   els.  '  Sei  Public  i 

injuring  vessels  in  fori  igncoi  470 

interference  with  foreign  commerce       ....  171 

Warehouses,  Alaskan  tax  on 285 

for  quarantined  cargo 307 

Set  also  Bonded  warehouses. 
Wares.    See  Merchandise. 

Warm  room  forseamen 112 

Warrants  issued  by  commissioners 540 

War  Risk  Insurance 542 

Washing  facilities  for  crew 29 

Washington  (State),  establishment  of  sub- 

porl  sin 560 

jurisdiction  over  offenses  in  A  laska 288, 

289  291   29S  290 
Washington,  I).  C,  meridian  of,  adopted  for 

a  itronomical  purposes 400 

Watch  officer.     Sec  Licensed  officers. 

Watchmen  to  guard  against  fire 152 

Wat  er  for  crew 109 

Water-ballast  bottom,  measurement  of 27 

Water-closets  for  steerage  passengers 169 

Water-1  ight,  bulkheads 130 

Waterways  Commission 541 

Wearing  apparel.    Sec  Baggage. 

Weather  Bureau,  fund  ions  of 400 

Weighers.    See  Customs  officers. 

Weights  to  be  kept  on  board Ill 

West  Indies,  engagement  Of  seamen  in  trade 

with 67, 72 

Western  rivers,  rules  of  the  road  on 390 

Whaling  vessel,  regis)  ry 18 

See  also  Fishing  vessels. 

Wharves,  construction  in  Porto  Rico 277 

control  of  Hawaiian 273 

for  quarantined  cargo 307 

license  tax  in  Alaska 285 

obstructing  navigation 409 

See  also  Public  works. 

Wheeling, W.Va., merchandise  destined  for..  221 
Whisky.    See  Liquors. 

Whistling,  unnecessary 515 

Widow  of  life-saver,  pension 530 

Wilmington,  N.  C,  vessels  documented  at...  49 

Wilscott,  special  registry 272 

Wines.    Sec  Liquors. 

Wireless  communication.    See  Radio  commu- 
nication. 

Wireless  equipment  on  passenger  st earners. . .  426 

Witness,  fees  of  seamen 100 

informer  eligible  as 2  15,330 

Wool,  cargo  destined  "  for  orders" 217 

time  limit  for  unlading 232 

Wrecking,  offense  and  punishment 192 

Wrecks,  in  Florida  waters 326 

in  foreign  waters 325 

lights  for  vessels  working  on 

marking  and  removing  sunken 398,  1 17 

plundering 492 

reciprocal  aid  to,  on  Great  Lakes 325 

repaired  in  United  States  shipyards,  regis- 
try   17 

report  of 324 

wages  in  case  of 79 

See  also  Coast  Guard. 

Yachts,  entry  on  return  from  foreign  port..  .  21 

exceptionsin  favor  of 30,6', 

74,79,80,81,83 

exempt  from  entry 19 

exempt  from  forecast  le  law 30 

foreign- built,  exempt  from  ad  valorem  duty  16 

regulation  of,  at  regattas 396 

special  provisions  alVeeting 19-21 

steam,  inspection  and  licensed  officers  of. ..  120 
See  also  Motor  boat  s. 

Yellow  fever.     See  Health. 

Yukon  River  trade 269,285 


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